Five Ways You Get Screwed In Your Work Injury – And Don’t Even Know It – Because we offer free consultations, we meet with injured workers every week. After twenty-one years of doing this, I am struck by how often these hard-working men and women mistakenly think they are dealing with people who are trying to be fair and honest. The reality is that almost everyone involved with a work-related injury has one goal: get the injury done and over with as quickly and cheaply as possible.
So the injured worker waits until they think they “need” an attorney. The problem is workers don’t see how they are being short-changed now. When injured workers tell me they want to wait because they think everything is going okay – I ask them these five questions to show them that they are already being taken advantage of without even knowing it.
Five Ways You Get Screwed In Your Work Injury
1. When you were injured did your employer give a paper that allowed you to choose one of four suggested doctors?
Except in a few rare cases, when you are injured on the job – the employer has to give you the names of four unrelated medical clinics, and you get to choose. If your employer does not do this immediately – you have the right to select your own doctor. In workers’ compensation, the doctors are given tremendous power over what kind and amount of benefits they receive. If your employer told you to go to one particular clinic – you got short-changed without even knowing it.
2. Did the adjuster let you know to keep track of your mileage and submit it for reimbursement?
Under Colorado Workers’ Compensation law you are not only entitled to have 100% of your medical care covered – but you are entitled to be reimbursed (currently 53 cents a mile) for mileage to and from medical appointments. This quickly adds up to hundreds – if not thousands – of dollars.
3. Are you told you have to clock out for medical appointments – or worse – told you can’t schedule medical appointments during work hours?
There are so many medical appointments you can have – doctors, specialists, physical therapy, diagnostic, and chiropractic that you will just have appointments during your work. If you have to clock out for your medical appointments – you are entitled to two-thirds of your lost wages. Most employers don’t tell you this, and some employers insist that you can’t schedule appointments during the workweek. This may be illegal, and Administrative Law Judges take a very dim view of employers interfering with medical care.
4. How was your average weekly wage calculated?
The adjuster will average your earnings prior to the injury, admit to an Average Weekly Wage (AWW), and pay lost wage and permanent impairment benefits based on that AWW. At least 70% of the time, we calculate a higher AWW than the adjuster. That’s because we dig beyond the numbers. We look at seasonal changes in wages, bonuses, raises, and lost benefits, and in some cases, we can get the AWW increased for increased wages after the injury.
5. Have you been told to change doctors or wait longer than ten days for medical care to be approved?
You are treating with Dr. X – but now the insurance carrier tells you that you have to change – or that Dr. X is no longer “authorized” to treat workers’ compensation injuries. You are waiting for an MRI, or therapy, or a surgical consult – but everyone is waiting for it to get authorized … and the weeks drag on. In workers’ compensation, the carrier must advise you in writing whenever treatment is denied within seven business days of the request for authorization. The carrier does not have the right to change your doctor.
Additional Resources:
Your Worker’s Compensation Rights and Benefits
Doctors and Workers’ Compensation: The Choice is Yours
Five Ways You Get Screwed In Your Work Injury – And Don’t Even Know It
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Have you or a loved one suffered a workplace injury in Colorado? At Kaplan Morrell, we’re here to support you. Our expert team is just a call or text away at 970-356-9898. You can also easily reach out to a member of our Workers’ Compensation Claim team through our chat feature right here.
Rest assured, every consultation with us is not only free but also held in the strictest confidence. Let Kaplan Morrell guide you toward the peace of mind and benefits you deserve.
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