In most states, employees are covered by workers’ compensation insurance. Also known as workman’s comp, this coverage pays medical expenses and some lost wages when a worker is injured.
However, the insurance company will do everything possible to reduce or deny your claim. Here are some insider tips to win your case.
Document Everything
The best way to ensure your workers’ comp settlement is sufficient to cover all medical costs and loss of wages is to document everything that happened, from the accident to any subsequent out-of-pocket expenses. This includes receipts for any medications you’re taking, parking lot fees, and gas bills.
Also, be sure to report your injury as soon as it occurs. This will help ensure that your supervisor fills out an incident report and that any medical care you receive is covered.
Contact an Attorney
If you’re unsure that an insurance company is offering a fair settlement or even considering all the costs of your injury, it’s time to call a workers’ compensation attorney. An attorney will help you get the maximum amount of money you deserve for your medical bills, lost wages, and pain and suffering.
Insurance companies may be tempted to downplay your injuries because they don’t want to pay for them or think you’re overestimating your pain and suffering. A seasoned workers comp lawyer will cut through this.
When selecting a worker’s comp attorney, meet with several and ask about their experience and track record. Also, look for patience, authority, friendliness, and responsiveness. This will be someone you have been working with for a long time, so it’s essential to find the right fit. This could be the difference between winning and losing your workman comp case.
Get a Second Opinion
There’s a lot at stake when it comes to workers’ comp cases. Insurance companies are always looking for any inconsistencies or missteps that they can use to deny or reduce a settlement offer. Getting a second opinion is a great way to prevent this from happening.
While being polite and cooperative with workers’ comp doctors is essential, you should avoid volunteering too much information. These doctors are hired by the insurance company, and sharing too many details can cause them to believe that your injuries aren’t as severe as you claim.
Fortunately, worker’s comp laws are more employee-centered, and you can switch to your doctor after 90 days if you don’t like the first one. However, this can still be a challenge since the insurance company may not agree with that doctor’s restrictions and recommendations. That’s why many patients opt to get a second opinion.
Don’t Give a Recorded Statement
Insurance adjusters will often ask workers to give them a recorded statement. Usually, this will be done over the phone. It is not legally required, but it is a good idea not to. Insurance companies often try to find discrepancies in your statements and then use them to deny or lower your claim.
It is also possible that you will be under the influence of pain medication, which can affect your memory and reasoning ability. Insurance representatives know this and will attempt to find inconsistencies or issues in your statement that they can use as an excuse to deny your claim.
They also are trying to save money for their employers by paying as little as possible on their workman’s comp claim. It is not in their financial best interest to pay your entire claim. It is advisable to seek legal counsel before providing a recorded statement.
