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Workers' Comp Protects You From Unjust Retaliation When you file a workers' comp claim, your employer cannot retaliate against you for filing the claim. This means they can't take away your benefits or fire you just because you got injured and forced them to use their workers' compensation insurance.
Approximately 5% of workers' comp cases go to trial. If you are unsatisfied with the settlement amount you were offered or your employer's workers' comp carrier has denied your claim, your lawyer would start preparing your case for trial.
Questions about the incident. Details about why the incident occurred. Evidence-based questions. Information related to your injury. Steps you took to overcome your injury. Questions about your doctor's or treatment plan.
A workers' comp hearing determines whether you will receive benefits.At this hearing, the judge will review all of your evidence and then issue a decision awarding or denying your benefits. Because a workers' comp hearing involves specific rules and procedures, it is important to be well-prepared.
If the insurer has commenced benefits timely, namely within 14 days of notice, the insurer is allowed to stop payments to the employee without obtaining approval of the DIA or the consent of the employee. However the insurer is required to give the employee seven(7) day written notice of their intent to stop benefits.
Before you attend your workers' comp hearing, you should organize your evidenceincluding medical records, unpaid medical bills, doctors' reports, and other documents. You should also mentally prepare to testify.
Usually about 60 days, unless set in for an emergency hearing. That can be requested and usually will be scheduled in about a month.