Workers Compensation Litigation
Workers' compensation benefits are sought if a worker is injured or suffers illness during the course of employment. This system was developed to protect both employees as well as employers.
However, this system also can be a complex process and could require an attorney to pursue a claim via litigation. Here are some of the most common issues that will be raised in this kind of case.
Claim Petition
If your employer denies your claim in the workers compensation system, you may have to file the Claim Petitition. This is a formal paper filed with the Bureau for Workers Compensation in your county or the region in which you work.
This petition provides specific information about your injury and the way it was caused. It also sets out the loss of your wages and medical claims for benefits.
Once the Claim Petition is filed and received, your case will be assigned to a judge at the nearest workers compensation court. The judge will then decide an appointment for a hearing. The first hearing usually happens in the weeks following the petition is filed.
The discovery phase is the next step in the Claim Petition procedure. This stage gives you and your attorney an opportunity to talk with witnesses and gather evidence.
It's important to hire an experienced workers compensation lawyer when you are pursuing claims for benefits. An experienced lawyer can ensure that you don't overlook the most crucial information in your claim.
You can appeal against a denial of claim to the Workers Compensation board within 30 days. You can also appeal the decision to the New Jersey Appellate Division.
A fully litigated workers' compensation case can take a long time to resolve. This could have a significant impact on your everyday life.
A well-known and experienced
workers' compensation law firm compensation lawyer will be able to guide you through the process with ease and efficiency. Philip Ciprietti has been in practice since 1982. He has the expertise and experience to help you get the results that you desire.
Mandatory Mediation
In the case of workers' compensation both parties to the claim (the Employer and the injured worker) must attend a mediation session before their case goes to trial. The parties may also take part in a mediation process on their own prior to the first hearing, but only if they have agreed to participate.
In mediation, the Judge brings the injured worker together with his lawyer, as well as the Employer's insurance agent or attorney and other people who might be able to assist the parties in reaching an agreement. The mediator goes over the fundamental facts of the case, and gives each party a chance to state their position.
Both parties are encouraged and encouraged to discuss their differences and listen to each other. If they are unable to agree, they will be required to change their position.
While the majority of
workers' compensation lawyers compensation claims can be resolved quickly, other claims could take months, or even years. This can lead to multiple administrative hearings between the parties. Mediation can help the parties to avoid costly and lengthy court proceedings.
Mandatory mediation is a strategy that courts employ to encourage early resolution of disputes before costs of litigation become a problem. It raises ethical issues such as confidentiality and good faith participation. Also, it could be difficult for agreements to be implemented.
Mandatory mediation can be an effective alternative to costly, lengthy court proceedings, however, it is not a substitute for the voluntary process that has made mediation so effective for willing participants. Furthermore, mandatory mediation may not be in accordance with the requirements of Article 6 of the European Convention on Human Rights and the right to a fair trial. Final analysis of the overall goals of the participants as well as the court system must inform any decision about mandatory mediation.
Appeal
You may appeal if you are an injured worker who was denied benefits from workers compensation. This process can be arduous and labor-intensive, therefore it is crucial to get the help of a knowledgeable workers compensation lawyer.
The first step to appeals is to submit the proper form and documents. The time frame for appealing a denial can vary by state, but it typically begins after you have received the initial notice of denial.
After you've filed an appeal Your appeal will be examined and re-examined with a Board composed of three workers legal judges. The panel can affirm or reject the initial decision.
A full Board review is the last possibility of appeal at the administrative level. It will review the entire case to decide whether or not to keep the Judge's decision, modify or rescind that Judge’s decision, or even return the case to further hearings.
If the Board panel is not in agreement with the Judge's decision, an appeal could be filed within 30 days at the Appellate Division, Third Department, Supreme Court of New York. The Court of Appeals can then appeal the decision of the Appellate Division.
An experienced attorney can help you prepare for appeals and present your case in the most professional possible manner. They will also give you the support and advice needed to navigate the workers compensation system. Aronova & Associates can help you fight for the benefits you deserve. Our New York work injury lawyers have the expertise and experience to help you get positive results.
Final Hearing
A worker's compensation hearing takes place where the judge reviews your case and determines whether you're eligible. These hearings can take several months to a few weeks, depending on the amount of evidence.
During the hearing, a plaintiff could be asked to present medical evidence to support their case, such as doctor's notes and other documents. Your lawyer might also be able to engage an expert medical professional to testify before the judge.
The judge will issue the decision. The applicant can appeal to the Workers' Comp Board or an appellate court. This process is assisted by your attorney, and other phases of the litigation timeline.
In certain situations there may be a settlement agreement that can be reached at this point. In most cases, the final settlement will be an agreement between you and the insurance company.
The settlement agreement will then be reviewed by a judge, who will determine that the terms are reasonable and fair to you in light of the injury you sustained. If you accept the settlement it will be accepted and your workers' compensation litigation timeline will be completed.
However, if you're not satisfied with the judge's decision your case can be taken to an appellate level where a three-member panel will consider the evidence presented by both sides and make a decision. The panel's decision may affirm or alter the previous judge's decision.
Parties and witnesses are frequently cross-examined during the hearing to determine if their testimony is credible. The cross-examination process can be difficult and your legal team will assist you prepare for the hearing to help reduce the stress that comes with this stage of the
workers' compensation lawsuit timeline.
Settlement
Workers compensation insurance is an authorized system to pay medical bills and loss of wages for employees who suffer injuries on the job. However, the procedure of filing a claim can be time-consuming and complicated.
When you file a workers comp claim then your employer and their insurance company will work with you to figure out the amount they are responsible for. Once they have established the amount they are responsible for, they will present an offer of settlement to you.