5 Phases of a Workers Compensation Case

A serious injury on the job can throw your whole life into confusion. So the last thing you need is uncertainty from your lawyer. This post lays out the phases of a typical case, and what happens at each phase. Although each individual case will have its own twists and turns, but they all have similarities, too.

Phase 1: Investigation

You meet with an attorney and find out if you have a case. You decide to hire the attorney to represent you on the claim. You sign a contract and provide needed information to the attorney’s office. The attorney’s office opens your file and you typically have a case manager assigned to work on your case along with your attorney.

Phase 2: Treatment

For approximately 30 days, the attorney will gather additional information, such as medical records and any claim information from the State Department of Workers Claims or Industrial Commission (depending on which State you are in) and also from the workers compensation insurance company for your employer. Once the requested information is received, the attorney will contact you to check your status. The attorney’s office should call you at least monthly for an update on your medical treatment and status. During this time, you will be treating with your medical doctor and following his advice on recommended treatment to help you recover. When you reach Maximum Medical Improvement (“MMI” or, “as good as you’re going to get”), your doctor will release you and your attorney can begin on the next phase of your case.

Phase 3: Released

Once your doctor has released you from care, any income benefits you may be receiving from the workers compensation insurance company will stop. Your attorney’s staff will begin working to obtain an Impairment Rating from your doctor, or an independent medical evaluator, so that your attorney can begin settlement negotiations for you with the insurance company.

Phase 4: Settlement Negotiation

Your attorney will begin negotiating with the insurance company (or their attorney) for a settlement that is fair and reasonable under your State’s Workers Compensation Law guidelines.

Phase 5: Litigation

If your attorney cannot reach a satisfactory settlement with the insurance company, then he attorney will file a formal claim with your State Department of Workers Claims and your case will be assigned to a Judge for a decision.

Call the Frank Jenkins Law Office if you have questions, at 1-800 WORKERS or visit our website at www.frankjenkinslaw.com