Work Injuries – There is perhaps no system more complex and uncertain than workers’ compensation. The goal posts seem to be constantly changing. Workers’ compensation claims are loaded with pitfalls. It is not a worker-friendly system.
Injuries must be reported to your employer right away. An “801 form” has to be filled out for the employer’s insurance company. It’s easy for employers and insurers to argue that a worker who was truly injured would not have waited to report it. Generally, workers have 90 days to report an on-the-job injury. If you miss that deadline, you still might be able to make a claim. We can help you work through this.
An on-the-job injury can be denied for many reasons. The insurance company is saying that you were vulnerable to injury in the first place and that your vulnerability is the cause of your injury. How do you deal with this? If you have a preexisting injury or condition that is aggravated by a work injury, is it covered? Even an injury that appears clear can be disqualified by clever theories from the insurance companies and the doctors they hire. We can take these challenges head-on and deal with them.
The insurance company can demand that you submit to an examination by one of their hired doctors. Their doctors are highly likely to take sides with the insurance companies who hire them. (There is really no other reason for an insurance medical exam.) Your claim will be jeopardized if you do not attend the exam. How do you behave at the exam? What do you say, or not say, to the doctor? We can guide you through this process so that the insurance company and its doctor don’t take advantage of you.
Insurance companies often don’t pay lost wages even though injured workers can’t work. Sometimes it’s because the attending physician hasn’t made a proper record of the worker’s need to be at work. We can work with you and your doctor to make sure the technical requirements are met so that your wage loss benefits are not interrupted.
If you can’t go back to your usual work, you are supposed to be awarded money for your disability. The insurance company is more interested in saving money than making sure you are compensated properly. And you may be entitled to vocational rehabilitation so you can go back to work, but there are particular requirements for this. We can work with you through this process, even after your claim has been “closed.”
Our job is to protect and take care of you. No matter how much you like and respect your employer, your claim is against a workers’ compensation insurance company whose job it is to look out for its own interest: its financial bottom line. We will make sure you and your interests are taken care of and that no one is taking advantage of you.
We’ll help you determine whether you have a case and whether we are the right firm to represent you. If not, we will be happy to give our best guidance for you to get the job done without us.
We offer a no-charge initial consultation. Please feel free to email us at Info@HeilingDwyer.com and together we can figure out how we can be of service to you.