When you file a claim for injury compensation, the process that will be initiated will involve yourself and your attorney if you have one, your employer and the insurance company providing workers’ compensation insurance to them. Certain notices are going to be sent to you from different parties as your claim goes through the process of being considered and approved. With the help of your experienced workers’ compensation attorney, you will be able to respond appropriately to each one and ensure that your claim is on track to being successful.
This is the notice with which the insurance company gives you information on any steps they have taken with regards to your claim. The issues and decisions that may be contained in the form include:
You have 90 days within which to consult with your counsel about the implications of any of these decisions on your case and then file an appeal if you would like to contest any of them.
Part of the purpose of workers’ compensation is to replace the wages you have lost as a result of your injury or condition. To achieve that, a calculation of your average wage per month will be done to determine the amount of compensation you should be receiving. This is not as straight-forward as just looking at your last paycheck though, since it also covers accommodation, meal disbursements and any other components of your pay package.
It is important that the amount is accurate because once it is determined, it will form the basis for all decisions regarding your compensation in the future. If you disagree with the amount arrived at, use your right of appeal to state how much you believe it ought to be.
Arizona law allows the insurance company to request that you see a medical doctor of their choice. The duty of the doctor will be to ascertain your condition and recommend the payment or discontinuance of benefits payments to you. They will also need to look through your medical records to appraise your claim.
Due to the obvious conflict of interest, it is best to keep your attorney abreast of everything that takes place during those visits. He will also be able to make sure that the access is restricted to relevant records.
A notice of hearing may come with a request to appear before an administrative law judge. The proceedings will be very akin to a trial and thus, having a qualified and experienced attorney speak on your behalf will be a great boost to your chances of getting a favorable ruling.
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