Couverture de How to be the Perfect Workers' Comp Client

How to be the Perfect Workers' Comp Client

How to be the Perfect Workers' Comp Client

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 Episode 22: Louisville workers’ compensation attorney Scott Scheynost has represented injured workers for almost 35 years.  There are things a client can do to help or to hurt his/her workers’ comp claim.  In today’s episode, Scott provides tips to explain how you can be the perfect workers’ comp client. Notify Your Employer of Your Injury Under Kentucky law, if you’re injured at work, you are required to inform your employer.  Telling a co-worker doesn’t satisfy the rule.  You should tell a supervisor, manager or someone “higher up the food chain.” You aren’t required to immediately tell the employer.  For instance, if you’re unconscious, it would be impossible.  If you’re taken away in an ambulance, this may happen before you’ve communicated with your supervisor, although Scott admits the employer should be aware that an ambulance was onsite and who was transported to the hospital. The risk can occur when an employee is injured, but thinks he/she can work through it and will be better the next day.  If the employee returns to work and later decides they need to seek medical treatment, notice should be given to the employer at that time.  It’s also a good idea to document when you told the employer.  You may need this provide this later, if the employer claims you never told them about the injury.  It’s also a good idea to document any witnesses who were there at the time of the injury.  They may need to be called as witnesses, later. Choose Your Own Doctor Scott explains that you have an important right to choose your own doctor, under Kentucky law.  This is extremely important.  You are not required to see the doctor your employer recommends.  If you have to see them, you still have the option of choosing a different doctor.  Your doctor will normally have your best interest at heart.  There are situations in which the doctor your company wants you to see may make decisions more favorable to your company, such as minimizing the extent of your injuries or telling you to return to work before you’re actually ready.  Both actions could easily limit the financial exposure the employer and the workers’ comp policy has to pay.  You also risk not receiving the workers’ compensation benefits you deserve. Scott explains that you only have 2 chances to pick a doctor.  There’s a chance you may need to change doctors, but you can’t keep doing it.  In fact, if you complete a certain form (or simply sign the paper) it may stipulate that you’re selecting this doctor to treat you – even if it’s the company doctor you don’t want to pick in the first place.  You need to be careful of the games your employer may try to play.  This is one reason having an experienced workers’ compensation attorney on your side is so important. Be Specific when Talking to Your Doctor Scott recommends that you ensure your doctor understands your injury happened at work.  You want them to document that fact in the medical records.  The other side will do what’s possible to try to disqualify you from getting your benefits.  You need to ensure you tell the nurses and doctors that this injury is injury-related. If the doctor has to testify in your case, or in a deposition, he/she may not remember your specific case.  They’ll always refer back to what they noted when you went to see him/her.  It’s vitally important that they know what happened, where it happened and where your feeling pain as a result of the injury. Follow Your Doctor’s Orders You need to do everything possible to follow your doctor’s orders.  If you are referred to physical therapy, you need to go.  If they recommend other types of treatment, follow their directions.  When you ignore the prescribed treatment, it gives the insurance an opportunity to argue your injury must not have been that bad.  After all, you didn’t even complete your medical treatment. The judge and the doctor handling your case are more likely to help you, if you demonstrate that you’re trying to help yourself. Hire an Attorney You don’t need to do this immediately, but the earlier you do this, the better.  This is especially true if your injury is serious.  Most workers’ compensation attorneys offer free consultations and work on a contingency fee basis.  They’ll only get paid if they win your case.  You want to make sure your claim is built on a good foundation and that you don’t give up benefits you should be receiving. Know Specific Information Related to Your Claim Scott reminds us that the medical provider will normally send the invoices to the insurance carrier.  This is why you want to know your claim number and provide it to any medical provider, including physical therapist and pharmacies you visit.  You’ll also want to give them the name of the insurance carrier and even the name of the adjuster.  You can easily keep this information on a slip of paper in your wallet or purse.  You ...
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