Your workers’ comp benefits come from an insurance company. Remember that they are the ones who are trying to push you out of the system whenever they can. They are often looking for you to make a mistake so they can terminate your workers’ comp benefits. Do not give them the opening that they are looking for to stop paying you. Even if it is a misunderstanding, a slight mistake can put you in a difficult legal situation.
If your workers’ compensation claim has been denied or your benefits have been terminated, you can fight back. You are entitled to an objective decision from an Administrative Law Judge who does not have a financial interest in the outcome of your case. The Wilmington workers’ comp attorneys at Horton & Mendez pride ourselves in helping injured workers take on large insurance companies. Reach out to us today to learn how we can help you in a workers’ compensation case.
What to Avoid Doing While On Workers’ Comp
Avoid these mistakes that you can make during the workers’ comp process that could jeopardize your claim.
Not following medical advice
The insurance company is the proverbial “big brother” during the claims process. You should assume that they are watching you in several ways. One way that they will monitor you is by closely reviewing your medical records during your case.
If you have gone to the doctor, it is essential that you follow all of their recommendations. Make sure to take all medications that were prescribed by your doctor. If you make an appointment, you should keep it. If therapy is recommended, you should follow the program.
If the insurance company sees that you are not doing what is necessary to recover, they may try to cut off benefits. They could argue that you would have been able to go back to work had you taken care of your own health.
Not documenting your injuries and your treatment
Your compensation is dependent on showing that you have suffered a work-related injury. At some point, you may be challenged by the insurance company because they claim that you are either not injured or that you can go back to work.
While your case may turn on medical records and opinions, it does not hurt to have documentation of what you have dealt with physically.
In addition, you should also document when you attend medical appointments and what you do to follow medical recommendations. You may be asked for proof if your eligibility for workers’ compensation is ever questioned.
Talk too much about your case
You need to be careful what you do while you are receiving benefits and what you say to others.
The less you say about your condition, especially publicly, the better. While it may sound like there are very few people who you should trust, especially when you are in the middle of a legal process. The insurance company is looking for an excuse to cut off your benefits. They want to force you to fight, knowing that you may not have the will to challenge them.
Mishandling the independent medical examination
At some point, the insurance company may ask you to attend an independent medical examination (IME). This is not simply a request — you need to submit for an IME under practically every circumstance.
You should not make the mistake of thinking that the doctor is independent in every sense of the word. They are being paid by the insurance company. If their examinations yield too many results that are unfavorable to the insurance company, the doctor may begin to lose business. In reality, they want to please the insurance company.
While you must answer the questions that are asked of you, be very careful about what you say to the doctor. Do not try to “sell them” or speak too much about questions that were not asked of you.
Going without legal help when you need it
There are times when you may have a difficult claim. For example, there is a higher chance that the insurance company may deny your claim when it does not result from a singular accident. They will not take your word for it when your injuries may not neatly show up on an MRI. You should consider hiring a lawyer before filing the claim, depending on its complexity.
If your claim has been denied, you should definitely hire an attorney for the appeals process. An appeal could involve complicated medical evidence. In reality, many denials are converted into benefits after you have appealed. To present the strongest possible arguments, you need a lawyer who knows the process and how to work with medical experts. While your attorney is paid from the proceeds of your case, you stand a chance of getting nothing if you try to handle a difficult case on your own.
When hiring an attorney, you need to be completely honest with them, sharing all the necessary facts they need to know to represent you.
Contact a Wilmington Workers’ Compensation Attorney Today
Your eligibility for workers’ comp benefits may come under attack at some point. It is vital that you do not do anything that can cloud your own picture. If you have an experienced workers’ compensation attorney already working for you, they will give you legal advice about what to do and what not to do while on workers’ comp.
You may not be able or able to deal with the workers’ compensation process when you are injured. When you have difficult workers’ compensation issues, the diligent and compassionate lawyers at Horton Mendez are here to help. You can speak with one of our lawyers for free in an initial consultation. We will review your case and discuss your legal situation. You can call us today at 910-405-7751 or message us through our website.