Using Prevail for Workers' Compensation

Attorneys who practice workers’ compensation law represent employees who are injured or disabled on the job. Alternatively, these attorneys may defend insurance companies against the claims of their policyholders’ employees.

When a workers’ compensation claim is deemed compensable, the injured employee is entitled to coverage for medical bills related to the injury, as well as a portion of their lost wages, and compensation for permanent physical impairment.

A workers’ compensation attorney helps the injured worker navigate the complex claims process, and ensures that he or she receives all of the medical care and indemnity to which they are entitled. Further, if an employee becomes permanently unable to work due to an on-the-job injury, and plans to file for Social Security disability, it’s vital that the workers’ compensation attorney structure the settlement agreement properly, so that the Social Security disability benefits are not substantially, or completely, offset.

On the flip side, an attorney representing an employer and its insurance carrier work to prevent fraudulent claims, and negotiate settlements when claims are compensable.

As with other law types, there are several features in Prevail that are of particular benefit in a workers’ compensation practice. If you practice workers’ compensation law in multiple states, you can set up an individual case type for each state, and define the statutory deadline for each type, which may be based on the incident date or last compensation date. As with the Personal Injury law type, the user defines how far in advance they want to start receiving a warning that the deadline is looming.

The Work/Employment tab lists the worker’s employment history, including job titles, duties, and pay rates, and allows you to track employment records requests. You enter medical providers and track records requests on the Medical tab. The Negotiation tab shows demands and offers for settlement, after Maximum Medical Improvement is attained. Frequently, workers’ compensation defense attorneys obtain video surveillance of workers’ compensation claimants. This video can be attached on the Evidence or History tab in Prevail.

Custom fields included in the Workers’ Compensation law type:

  • Check Boxes:
         -Injured on Premises
         -Reported to Employer
        -Performing Regular Duties
  • Amount and Date of Average Weekly Wage
  • Amount and Date of Full Weekly Wage
  • Estimated and Actual Recommended Benefit Period
  • Last Estimated Return to Work Date
  • Date of Last Award
  • Percentage Received
  • Description of Injury
  • Allowable Conditions
  • Description of Incident
  • First through Fourth Accidents Dates and Claim Numbers