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Pessimistic? Maybe....but have you seen The Rainmaker or Erin Brockovich?
What do I need to know to deal with Workers' Compensation issues?
- Know that they will try to find a way to avoid paying your claim.
- Know that they will make it as hard on you to follow the rules as they can, i.e. making doctors' appointments far from your house. (They're trying to wear you down hoping you won't show up.)
- Know that they are not really interested in getting you back to work.
- Know how to contact your state's Workers' Compensation Commission. They are on your side and can answer your questions.
- You need to find out what is expected of you and follow that step by step. You don't want to give anyone the opportunity to throw your case out because you didn't do your part.
What sort of experts do you need on your side?
- You'll almost always need an attorney. However, if you are on Workers' Compensation and they are just pulling their regular crap, but you're getting paid, you can wait on the attorney until it's time to close and settle the case.
- As we all know, you really have to have a doctor who knows Kienbock's Disease, and if the insurance company isn't willing to provide that, then you should get an attorney and make them. You have a right to good medical care. They will tell you that you have to go to their doctors, and yes, it's true, but you can push the 'expert' issue in court if you're not comfortable with the care your receiving.
- I've seen a case online that was lost because the "expert" presented by the patient's lawyer was a plastic surgeon who didn't know anything about Kienbock's Disease. Pick your doctors carefully if you expect them to speak for you. --srhd.
What crap is the other side likely to pull?
- They may send you to an appointment on the wrong day, or wrong time. When they say you have an appointment, call the doctor's office to verify it yourself. Their hope is that you'll miss an appointment so they can go to the courts and say you won't go to the doctor.
- They may give you the wrong address for the same reasons listed above.
- They may have someone watch the outside your house, hoping to catch you doing something the doctor says you can't do.
- They will call and make you an offer that is always ridiculously low. Call an attorney!
- They will lie to you. Don't ask your case worker about Workers' Compensation law, they will make stuff up. If you don't think they are doing what they should be doing, call the commission and ask.
Is there a particular kind of lawyer who's better?
- Ask around. All you really need is an attorney that specializes in Workers' Compensation.
- Do not use the attorney who may have helped you close on your house, or who got you out of jail once, LOL. Just because he's/she's an attorney and willing to take the case, doesn't mean he/she knows anything about WC.
- Don't worry about his/her knowledge of Kienbock's Disease, you can educate them on that subject. And don't be intimidated by them. They are just people, too.
- You should call them from time to time to find out what's going on with your case, make sure they know you are interested in every step being taken on your behalf.
- You don't have to pay them any money up front, they get a percentage of your settlement, and most or all states limit that percentage so that they get the same amount throughout the state.
- If you talk to an attorney that charges up front, leave and find another one.
I hope everyone will accept that I'm no expert, but I have been through it all, twice now. If it will help someone, I'm happy to share my experiences. I do know a little more about the law regarding what an insurance company can and cannot do while you're under an order. I didn't include this information because it's different with each state, and I don't want someone to take it like advice if their state is different. It's completely different between New Jersey and Virginia, so I know how confusing this can be. As an example, in Virginia, if you are under an order, the insurance company cannot stop your check without a hearing. In fact if your check is 14 days late, they have to pay you an interest penalty. In New Jersey, if they stop your check, you have to go back to court, and if they are told to pay you, all they have to do is say 'ok' and start paying you again. That can take months. Those are important, yet so different that I hate to post that kind of information.
Contributed by Debra
based her own extensive experiences
see also: Debra's story of the Workers' Compensation merry-go-round
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