The Sooner You Get An Attorney The Better Off You Are

Jul 1, 2024 | WC & Other Laws

The Sooner You Get An Attorney, The Better Off You Are – We had an injured client, and her claim immediately became compensable. Still, she didn’t exercise her right to change doctors, and unfortunately, she got into one of the clinics that are well known for trying to get injured workers treated and done as fast as possible.

She got 2 months of treatment for a back injury, she needed a lot more care than that, but she didn’t have council. She was released from care, got no permanent work restrictions, got assessed with no permanent damage to her back, and was put right back in her regular duty job, which would make it seem she was cured.

The carrier filed paperwork to conclude her case. Had she had a council, that would have allowed her to challenge what the treating physician had said. She didn’t have council tough, so her case was closed.

You might think they’re on your side when they’re really not

Within 2 weeks she started having pain again, she wasn’t sure if it was a new injury or if the first injury became worse, so she told her employer, but they told her that if it was the same thing as before there was no problem because the doctors said she was cured.

She ended up being surgical, and because there was no new claim filed and the old claim wasn’t reopened, she ended up having to have 2 emergent surgeries that weren’t getting paid by anybody. She started losing time from work, and then she finally looked for council.

The carrier argued that it couldn’t have been the first injury because she was back to a 100%, and it couldn’t be a new injury because none was reported, so they tried to deny it. Had she looked for council earlier, a lot of that could have been avoided without needing a hearing and an appeal.

The importance of having a council

If you’re injured on the job and you start to feel like you’re having to explain things repeatedly, that’s a big sign that you need an attorney.

Even if the company doctor says things that are supportive of you getting medical care for an injury, the insurance company could still say they won’t accept that opinion, and they can fight it.

If you start getting delays in your care, you need to really focus on what they’re actually paying for, they can be very supportive but what really matters is not what they’re saying but what they’re doing.