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Tuesday, June 27, 2017
Employers rely on their insurance carrier to guide them through the workers’ compensation claim process, but what do you have?
A claims representative is there for the employer. They guide them through the filing process, and they help find the proper care providers for your request. However, you are left without any guidance and often find yourself amidst various rules and guidelines that do not make sense or help you recover from your injuries.
To increase the likelihood your case will succeed, there are a few insider tips that you must use. Also, it is in your best interest to work with a workers’ compensation attorney. An attorney can help you file your workers’ compensation claim and receive the compensation you need for your work-related injury or illness.
If you are injured on the job, you might feel uncomfortable reporting an injury or illness to your supervisor. However, you are required by law to report your injury as quickly as possible.
It is the first thing you should do and presuming you have not sought emergency medical attention; you should do so before leaving to the doctor. If you discover a work-related illness, you can notify your supervisor the moment you hear the diagnosis.
If you do not report the work-related injury or illness, the carrier can deny your work-related injury claim. The sooner you report it; the less likely you are to deal with this.
Also, when you report your injury to your employer, make sure you inform them about all areas of the body affected. Do not leave out symptoms or details. Then, request a written incident report for your files.
Anytime you are dealing with a work-related injury or illness, it is imperative that you keep proper documentation and ensure all parties are aware that you have a work-related injury. Therefore, every health care provider you see should be mindful of the fact that you are seeking treatment for a work injury or illness.
One of the first things the insurance company will do is review your medical records and see if you told them about the work injury. Therefore, you want proper documentation throughout to ensure that each treatment, diagnosis, and prescription written ties into the injury.
Your physician will have diagnostic studies, and then they will come to a treatment plan.
You must follow that treatment plan in its entirety. For example, your doctor might order physical therapy. While you might assume that you do not need the treatment, never miss the appointment. Instead, you can discuss it with your physician or seek a second opinion. Failing to show for medical treatments, however, only gives the insurance company grounds to deny your claim or stop paying on claims.
As an injured worker, you are obligated to attend all medical appointments. You must attend the scheduled appointment to ensure you recover, but also comply with the benefits and policies of the workers’ compensation insurance coverage.
Insurance companies assume that if you miss an appointment, you are not injured like you claim or you have healed; therefore, they have grounds to terminate your coverage.
The employer has the insurance company for advice, but they also pay that insurer for their advice. You cannot solely rely on your employer or the insurance company to guide you through the process. If you do, you could be setting yourself up for a limited amount of compensation.
Instead, you must find your advocate who will guide you. After all, the insurance company is a private business seeking profits. They are there to make money and reduce how much they spend on claims. They might advise you against certain treatments, even if you need them, to lower their costs and overall burden.
You must remain in constant communication with your company and keep the line of communication open. Even if you are away from work for several months, you must update them on your progress. Any employment-related matters must also be addressed.
If you need to arrange light duty work when you start to return, you must discuss your options with your employer and see what employment options they have to accommodate your injury. This not only reduces tension between you and your employer but ensures that everyone is on the same page regarding your prognosis and the expected outcome.
You will have a workers’ compensation insurance representative assigned to your case. They will be your point of contact when you submit medical bills or call to receive payments. Therefore, you must remain in contact with them. If they request documentation from you, send it to them promptly. The longer you take to provide them with documentation, the harder it is to seek compensation or receive cooperation from the insurer.
Often workers compensation claims are dismissed based on a technicality and nothing more. If you want to have a successful workers’ compensation claim, there are certain items that you must pay attention to, including:
Workers’ compensation will scrutinize any injury that occurs without a witness. Therefore, look for witnesses that are nearby at the time and see if they saw the accident. If there are no witnesses, do not assume you cannot seek compensation. Instead, report the injury to your supervisor immediately.
A common reason for a denial is that the injury was not reported immediately after. If you do not report your injury or illness immediately, the insurance company will assume that you were not hurt. Also, you are required to report in a short timeframe. So, immediately complete the accident report.
Your records should all tell the same story. If your medical files and the accident report do not have the same information about the injuries or how the accident occurred, you are going to face issues with the insurer. Make sure that when you tell anyone about your accident, you tell the same story. Do not embellish or leave out details that can create confusion. Also, be sure you tell your doctor the same story that you told the supervisor to keep records consistent.
While you can receive compensation for a work-related injury, even if you were at-fault, you cannot if you were under the influence of drugs or alcohol.
After a work-related accident, the physician or emergency room doctor will do a drug and alcohol screening as part of their protocol. Therefore, if any trace amounts are present in your blood or urine, the insurance company will deny your claim.
While you can receive compensation for work-related injuries, you can only do so if you were performing your regular employment-related tasks. If you were on a lunch break or not on duty, and you were injured, the insurance company might deny the claim.
To qualify for workers’ compensation insurance coverage, you must be injured while performing your job duties or while on your employer’s time. Injuries that happen outside of regular employment duties will not qualify for compensation.
While you are not required to give them a recorded statement without an attorney present, you must give an official statement and sign your medical release forms so that the insurance company can accurately assess your injuries and claim. If you do not, they have the right not only to deny your claim, but you may be unable to file a claim again in the future.
The employee is not required to provide a statement, but if they ask for one, they are telling you that they have a problem with your case. You can, however, request that your attorney is present for the statement so that your rights are protected.
To have a successful outcome to your workers’ compensation claim, it is best that you speak with a lawyer. An attorney with experience in workers’ compensation claims can help you not only file your claim but ensure that small missteps do not bar you from receiving the benefits you deserve.
If you have suffered a work injury or illness, report the injury to your employer. Then speak with an advocate from Malman Law to explore your options. Our attorneys are here to help you through this difficult time. We understand that you have questions and concerns, and we can assist you with your claim, but also answer those questions so that you are prepared for the process.
Schedule a workers’ compensation consultation today at (888) 625-6265 or request more information online.
They are very helpful, and when it comes to getting things done with your case I had the pleasure of working with Jason Kellerman he was awesome I highly recommend them.
- Britany Weaver
I’m very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I’ve been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion!
- Cheryl Wagemann
I’ve been knowing about this Law firm for many years through friends, referrals & advertisements, never I thought I would need their services because I believed things & situations don’t happen to me like this, long story short I was in a situation that I needed help & advice!!! In the right direction, I connected with the Firm & a very patient, understanding professional woman by the name of Margie assisted me in what I needed 🙂 Thank you I will refer as I was as referred as well This firm really does care!
- Elvira G.
I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.
would do everything they could for me.
- Tony S.
I contacted Malman Lawafter my work injury. So professional from my first phone call. Mr. Malman’s investigator, Dan, came right out to our home. Everything was explained in detail so I know what to expect during this process. I certainly recommend anyone ever in need of a personal injury lawyer to call Malman Law. Truly the best!! Thanks, everyone!
- Devin Jones
Attorney Greg Lamorena was my lawyer when I slipped and fell. He kept me updated throughout the case and was always available to talk when I had questions. He is a great lawyer and could not be happier about my settlement!
- Annie Ong
Alexis was the attorney on my case! She kept me in the loop about everything with my case. If I had any concerns I was able to contact her and she’ll answer my questions right away. If you’re interested in working with Malman Law I would highly recommend Alexis she was GREAT. I would highly recommend Malman Law if you’re ever in need!
- Eugenia Cathery
They are so efficient and professional. Always available to help. Attorney Boyer was great and very good with my case. I really appreciate Malman Law. I gave them 5 stars because there is nothing higher.
- Omolewa Snyder
I have had an amazing experience with Malman law so far. From the start, Dan was super easy to work with, got me the medical attention I needed, and fast. Couldn’t ask for better communication. Neil Kilcoyne has been nothing but the best I could not recommend a better attorney. Malman Law is a 10 out of 10 law firm.
- Trevor Harris
Hi, I just want to acknowledge Jay McCarron, Kelly & the firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would highly recommend you and your firm to friends & family. E. P.
- Ernest Pitts
Alexis was the attorney on my case and she was GREAT. She made sure I was updated on everything about my case. I would highly recommend Malman Law if you’re ever in need.
- Ariel Fleming
I had the best experience with Jason and Jay attorneys from Malman Law they really went all the way to settle my case I’m telling you there just the best!! Recommend 100%!
- Carmen Rivera
Adam Meadow acted as the attorney for a family member who was in a car accident. He was highly personable and actively listened to our issues throughout the litigation process. He was able to get us a settlement for the reparations of the accident. We would recommend their services!
- Greg Gustafson
Excellent customer service and a great experience. Malman Law handled the whole process and it was very smooth. The settlement was a great success. I would choose Malman Law again in the future.
- Malak St.Clair
Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me and my daughter.
- Devri Lott
I cannot give enough praise to the team at Malman Law, for helping with my case. My children were involved in an auto collision and the attorney Adam along with his paralegal Michelle worked diligently until the matter was resolved and my entire family was happy. I would definitely recommend Malman Law for anybody going through legal troubles.
- Adrian Lopez
A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of everything for me without me having to worry about anything. They took care of the medical bills & helped me get physical therapy right away. I highly recommend them.
- Vanessa Leon
Bella Feinstein, Jason Kellerman, and Terry Davey have been instrumental in helping me through many difficult situations. Not only did they work to get my mom a settlement, but they have also continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.
- Nyah Vuljanic
This law firm is the best they got me paid and Malman Law kept in constant communication with me which meant a lot to me I would highly recommend this law firm to anyone who. In the position, they are awesome sincerely. Jeff walker
- Jeff Walker
Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, he takes time to listen to his clients, and gather facts accordingly.
- Steve Acosta
Everyone at Malman Law made me feel welcomed and heard. My lawyer, Adam Meadow, as well as staff, kept me up to date and were more than happy to do so! I would highly recommend their services. Also- a plus is many employees are fluent in Spanish. My experience was easy and worthwhile.
- Adrianna Gomez
Dan Petrich was the best man for my case of falling through my porch of an apartment I rented. He made sure I got what I deserved not only $ wise but medical wise and that my hospital bills and Dr bills were left at a $0 balance before closing my case. I was definitely happy and glad I choose him. Thank you. 5 stars
- Jose Cruz
Steve Malman helped me with my auto case. He quickly responded and answered any and all the questions I had. My case was a success as well as 2 other family members I recommended to him won their cases as well. Definitely a 5 star!
- Meagan Cruz
- Eddie Villarreal
I am very impressed with Malman Law and my experience with Tiffany Alberty. She was very professional and knowledgeable. I appreciate the great communication and never felt out of the loop. She was very patient and hard working on my case. I would highly recommend this firm. Thanks for the hard work and all your help!
- Madissen Miller
Malman Law is definitely professionals and skilled at what they do. Mr. Adam Meadow always kept me informed and never hesitated to answer my questions and was open to hearing my concerns. Wouldn’t think twice about referring them to family and friends. Thank you to all at Malman Law!
- Christina Ocon
Mailman Law, Excellent firm!! Tiffany Alberty and her assistant Margie Gallegos were super efficient and knowledgeable. Great communication—very quick response and great follow up! My case was resolved sooner than expected. I highly recommend them!
- Adriana Martinez
So glad I contacted Malman Law regarding my accident. Professional and caring. Thank you Mr. Malman. I most definitely recommend to anyone if you need the best to call Malman Law!!!
- Virgil Sanner
I really appreciated and enjoyed Yennin Calderon’s service. I called asking questions and she was so helpful. Not only did she answer all my questions and concerns. It was also a bonus that she was bilingual in Spanish! Loved the warmth she brought. Thank you!
- Jazlyn Caraballo
My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained the next steps, and got my case resolved early. I would highly recommend Malman Law.
- Ashley Jenkins
ALL FIELDS REQUIRED
2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet
NOAH TAFFELPersonal Injury Victim