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- Workers compensation litigation guidelines
After a serious or even devastating injury, workers and employers may disagree on some issues, including the severity of the injury or the circumstances surrounding its occurrence. When these matters aren't easily resolved, one or both sides may turn to the courts for resolution. Attorney Gloria Castrodale has represented Ohio's injured workers in court for over two decades. We know what it takes to successfully represent injured workers. Helping Those Injured Understand Workers' Compensation Litigation While some workers believe they can go through the workers' compensation process without a lawyer, litigation is significantly more complicated and cumbersome. Often, workers who go through the administrative appeals process will have to go through Ohio's Courts of Common Pleas, where they essentially must prove their case all over again. Many times, workers find that their claims are already approved, but not for the correct medical condition that will permit benefits to be paid. We set out to correct the record by seeking the additional allowances requested by your physician.
Workers' Compensation - Legal Language Services
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Workers' Compensation​ Litigation Services (October 2017) - CalHR
Workers compensation litigation guidelines
If the injured employee does return to work, either with or without work restriction accommodations, treat them the same as all the other employees and like nothing ever happened. If you treat the returned and litigated employee like they have the Black Plague, it won't be long before they understand they are not welcome. The employee attorney will be filing another petition for additional benefits claiming the employee is unable to work or the injury has been aggravated with the employee going back off work drawing additional indemnity benefits and incurring the additional medical expense. Note: I usually fight long and hard before I settle if I have any inkling the claim is exaggerated. Settling quickly sends the wrong message. I always VERIFY the extent of the disability with surveillance before I settle. Seeing is believing. By planning your involvement in the defense of the workers compensation claim, you can reduce the overall defense cost and possibly the settlement value of the claim.
Procedure really depends on the individual Workers Compensation Judge assigned to your case. (So you can count anywhere between 30-60 days for briefing) Once briefs are submitted, it may be another 30 to 60 days before the Judge issues a Decision in your case. (So there is another 30-60 days) That calendar equates to a time line 8 to 13 months. The calendar may depend on the individual Judge assigned to your case. Remember though, not every case goes through the process without hiccups here or there. Trial calendars can and do get backed up for one reason or another. That is a long time for an injured worker to go without compensation. Unfortunately, it is also a reality. Count on Mooney Fortunately, most cases do not go through the entire litigation process. They end up settling out. It is important though that you have an experienced workers compensation attorney on your side that understands the process, can guide you through the process, and understands the appropriate value of your case.
For almost 40 years, Legal Language has helped adjusters, claims managers, attorneys, TPAs, and insurance companies settle workers' compensation claims by providing professional language and transportation services. Transportation Services LLS offers door-to-door, non-emergency medical transportation throughout the US as well as internationally. In addition to sedans, we offer wheelchair and stretcher-accessible vans and BLS and ALS ambulances. Read More Interpreting Services Our trained, qualified interpreters use their knowledge of legal protocol and industry-specific terminology to provide accurate communication for everything from client consultations and investigations to depositions and hearings. Document Services Legal Language combines a large, in-house translation and transcription staff with helpful, personalized attention in order to provide you with certified documents suitable for submission to a legal proceeding. Rely on Legal Language Services to: Arrange non-emergency medical transportation Schedule on-site and remote interpreters Provide verbatim transcription of recorded statements Provide certified translation of medical and legal documents Maintain strict confidentiality of personal protected information Privacy & HIPAA Compliance At Legal Language, we recognize that providing services related to the medical field requires that special care be taken in regards to security and confidentiality.