After being injured at work, it can be tough to stay afloat financially without workers’ comp benefits. Unfortunately, many injured workers make minor but expensive mistakes during the claims process. Knowing your rights and responsibilities after sustaining a work injury is critical. Our expert on workers’ compensation in Orlando recommends the following tips for getting the most from your claim:
Immediately after an injury, the first thing to do is report it to management. Every state has varying deadlines for injury reporting. If you miss the reporting deadline, you may lose your right to workers’ comp benefits. You will also be required to file a workers’ comp claim form by a specified date to start a claim officially.
You should seek medical care as soon as you can after your injury. Being treated right away can help you achieve faster, fuller recovery from your injuries. It also provides essential evidence for your claim by giving documentation of your accident and spelling out your injuries and physical restrictions. If you delay treatment, the insurance company may claim that you were not injured as seriously as you claim or that you were never incapacitated in the first place.
Some states require that workers see an insurance company chosen physician. There is a significant potential for conflict of interest when you visit a physician connected to your insurance company. These providers may not have your best interests in mind because they are primarily paid by the insurer. For example, the physician may try to downplay your injuries and treatment needs so that the insurer can pay you less in damages. This is typically not a problem in states that allow you to select your provider.
Because your treating physician will play a vital role in your workers’ comp claim, you should swap providers if you believe you are not receiving the best care available. Each state has its regulations and rules for switching doctors, which vary considerably. For example, some states allow the insurer to choose your new provider, or you may need to select from an approved physician network.
Unlike a routine doctor's visit, an independent medical evaluation will not focus on providing treatment. Instead, the insurer hires a physician to perform an exam, explore your medical records, and turn in a report. The report they issue will summarize their opinion on your work restrictions, diagnosis, and the relationship between the work you do and your injury. Typically, an insurer plans an IME when reducing or terminating your workers' compensation coverage.
If you have an IME scheduled, you are required to attend or risk workers' comp benefit termination. Therefore, it is essential to be ready for an IME by anticipating tricky questions from the doctor and carefully reviewing your medical records.
These are just a few tips for maximizing your workers’ comp benefits. Contact us today if you need attorney assistance for workers’ compensation in Orlando. We are here to help you get the compensation you deserve.