Posted on Wednesday, July 22nd, 2020 at 9:53 am
Workers have the right to file for workers’ compensation if they are an employee, if they are hurt on the job, and if the injuries they suffer stop them from working. Workers may also be entitled to work injury benefits if they suffer an occupational illness due to their job. There is no requirement to prove the employer was at fault. The claims process is normally easier than in a personal injury case. Still, there are many mistakes employees can make that can hurt their case. Just one key mistake can affect your entire claim or your ability to get all the compensation you deserve.
The insurance companies for the employers will be looking to take advantage of any mistake to deny your claim or reduce your benefits. The best course of action is to speak with an experienced workers’ compensation lawyer as quickly as possible. An experienced work injury lawyer will guide you through each stage of the litigation.
Some of the key errors experienced North Carolina and Virginia workers’ compensation lawyers help their clients avoid are:
Employees should seek help so the injury can be examined, diagnosed, and so a treatment plan can be implemented. Seeking medical help also verifies the injuries. Insurance adjusters may try to argue that the delay means the injuries aren’t that serious. They may also argue that the injuries were due to some other medical condition or some other accident.
Bottom line. Doctors should evaluate your medical condition as soon as possible after an accident.
In addition, if you suffer a workplace injury, your private doctor may not be able to help you. If your injury is severe and a true emergency that requires surgery or other corrective measures, than the surgeon who treats you in the hospital will usually become your treating physician by default.
In other scenarios, employers have their favorite providers, usually some type of franchise medical provider such as Patient First, where they will direct you first.
In Virginia, that is actually not appropriate. Workers’ compensation rules require that employees who are not in emergency situations be provided by the workers compensation insurance company with a list or “panel” of three different health care providers for the employee to choose from. Again, barring a severe, emergency situation, failure to treat with a doctor on the panel in Virginia can affect your rights to workers’ compensation if you later decide to pursue your work injury claim.
Your choice in treating doctors in North Carolina is unfortunately more restrictive than Virginia. Unless the injury is severe enough to require immediate hospitalization, the employer and workers compensation carrier typically exercise complete control over your medical treatment. There is no requirement for a panel of doctors in North Carolina; however, North Carolina does have some other provisions allowing for an independent medical examination with an agreed-upon physician that Virginia does not.
Failing to utilize an authorized doctor can have other negative repercussions. If you attempt to treat for a work accident utilizing your own health insurance, your insurance company may deny coverage on the basis that your employer should be paying for the medical care.
In North Carolina, the Industrial Commission will typically pay no attention to the opinion of any doctor with whom you treat who was not approved or authorized to treat you by either the workers compensation insurance company or the Industrial Commission itself.
In Virginia, non-authorized physician opinions carry less weight than the opinion of your authorized treating doctor, but the Commission will consider those opinions nonetheless.
To make things worse, insurance companies often hire nurse case managers who basically act as spies for the insurance company to check to see if you are indeed following the medical advice of your doctors. I always tell my clients—don’t give them the satisfaction of messing up your case by you not following your doctor’s advice.
Now sometimes, there are exceptions. The doctor may actually be incompetent, or otherwise not providing you with a proper standard of care for your work injuries. In those rare situations, there are remedies and things that can be done to change treating physicians. This would have to be discussed with a competent workers compensation attorney.
Also, understand that unless you were still in active treatment for a previous injury to the same body part at the time of your work accident, it is extremely rare in workers compensation cases that a prior injury or other pre-existing condition will derail a case. The law recognizes that an aggravation of a pre-existing injury is considered a new injury. Your case will likely be fine. That is, unless you try to cover up that pre-existing injury by lying about it. Then you have created a problem in your case where none existed before.
North Carolina and Virginia workers’ compensation lawyer Joe Miller Esq. understands the ins and outs of filing a workers’ compensation. For more than 31 years, he has helped thousands of injured workers get just recoveries. To speak with an experienced North Carolina and Virginia workers’ compensation lawyer, call North Carolina and Virginia lawyer Joe Miller, Esq., at 888-667-8295, or fill out our online contact form.