create your own

Don't Get Screwed On Your Workers Comp Claim - Part Five

73
rate or flag this page

By charm_baker


This Is PART FIVE IN THE SERIES

THINGS THE INSURANCE COMPANY IS REQUIRED TO DO

Writing this section of "Don't Get Screwed On Your Workers Comp Claim" was particularly hard for me. While I have tried very hard to present the previous sections in a non-biased and purely informative way, I'm sure it is fairly obvious by now, I harbor hostility and bitterness toward the whole legal process. When it comes to my own previous work related injury of carpal tunnel (and the not even recognized condition of Median Epicondititis), I had a horrific claims experience. Discussing the following information concerning the responsibilities of the insurance company only brings back all the agonizing months of fighting an uphill battle, seemingly alone. The insurance company only did OPENLY what everyone else tried to do to me in PRIVATE - screw me!

Please don't be offended by the candid way these details are presented, so that you miss the point of the message!

Whether you have to fight your case alone, or you have the help of a good and sympatheic workers compensation attorney, your life as you have known it is about to change. You will more than likely end up with a totally different view of the whole judicial system in general, not just the workers compensation claims process. You may also adjust the way you view: Other injured employees, disabled workers and people in general, and perhaps even the whole medical profession! Not only that, you will no doubt, even end up with a differnt opinion of yourself. What that opinion will prove to be. depends a lot on the outcome of your workers compensation case.

KNOWLEDGE: SAVE IT - PASS IT ON - OR BOTH!

PLEASE NOTE: The information you are about to read is contained in a ten part article series. Those who have an existing claim or pending claim in the making will benefit greatly from "Don't Get Screwed On Your Worker's comp Claim", not only from one individual part, but by reading the entire series. Each segment is designed to provide the needed workers compensation information for that particular topic, but it also flows right into the next portion of the information, so you can get the full gist of what is being conveyed.

[LINKS BELOW]
1. Introduction To Worker's Compensation Guide
[LINKS BELOW]
2. Deciding Whether Or Not To File A Claim
3. Knowing The Worker's Compensation Basics
4. How To Keep Your Records In Good Order
5. Things The Insurance Company Is Required To Do
6. An Important Stage Of The Claims Process
7. What To Watch For In Your Documentation
8. Types Of Benefits You'll Receive And When
9. How And When To Request A Lump Sum
10. Seeing Your Case Through To The End


Don't Get Screwed on Your Workers Comp Claim - Know What's Expected Of Insurance Companies
Don't Get Screwed on Your Workers Comp Claim - Know What's Expected Of Insurance Companies

THINGS THE INSURANCE COMPANY IS REQUIRED TO DO

From my own experience, it would seem that what the attorney's obligations are to you as a client is debatable. You would think that their primary function would be to disclose to you any information relevant to your case. This should be regardless to what their professional opinion or suggestion on a particular matter is. The client should be informed and allowed to make their own decision based on the knowledge and advice of the attorney. I feel screwed by my former attorney’s failure to disclose all available options. Unfortunately, questionable conduct on the part of an attorney is not as easy to substantiate as one might think. Thank goodness, the insurance companies are apparently held to a higher code of conduct and are more closely scrutinized. There are specific workers compensation laws in California that hold insurance companies financially responsible for failing to give proper notification to injured workers.

Thousands of dollars of the money insurance companies pay out on worker’s compensation claims are due to the insurance company failing to send proper notification to an injured worker, or doing so in an untimely way. Penalties for Delays are such a big problem for many companies, that they automatically factor these penalties into the equation when determining settlement amounts.

Read ALL Notices Carefully

It can't be stressed enough, READ ALL NOTICES CAREFULLY! That is YOUR responsiblility. Their responsibility is to make sure you get the notices regarding every phase of your workers compensation claim. One of the most important things that insurance companies are required to notify you about is your right to vocational rehabilitation benefits. This includes notices about monetary benefits and services. This information is to be provided to you after a doctor's report determines your medical condition has reached a permanent and stationary state. This notification must also indicate whether or not an alternative or modified job is available for you with your current employer. Make sure you read the rules for your state, regarding this particular insurance notice. All you need to know right now is that this notice will be sent to you at some point of the claims process, and if it's not done in a timely or proper manner, it could mean additional money for you.

When the insurance company does not comply with one of the worker's compensation laws or regulations, they can be penalized and made to pay benefits at a much higher rate than they would have ordinarily paid you. Even if you have an attorney, be sure to read all the insurance notices you receive carefully, and pay particular attention to the dates they are sent.

NOTE: All too many times I found myself guilty of reading a Notice from the insurance company, and only paying attention to the information I’d been impatiently waiting for, and not to other relevant points. You’ve heard the expression: “I have some good news and I have some bad news!” Believe me, more often than not, they’ll slip a bit of bad news in with the good. READ THOSE NOTICES CAREFULLY & ENTIRELY!

ADDITIONAL NOTE: When it comes to reading paperwork, that goes for medical documents as well. As shocking as it may sound, your Physician may be saying something in the paperwork that he/she is not saying to you! It may only be with regard to billing issues (and documenting it in a way that's most advantageous to them), but it may also be something even more serious than that. I was actually diagnosied with multiple medical conditions, but only compensated for one. I'm still not clear on how this all played for those who were involved, I only know there were gross errors. Ask questions, and know exactly what your medical condition is called and caused by.  More about this is considered in Part Six.

Recognizing Common Symptoms Of Carpal Tunnel
Recognizing Common Symptoms Of Carpal Tunnel

The PRIMARY MESSAGE is:

STAY ON TOP OF YOUR CASE - YOU HAVE THE FINAL SAY OVER:

  • Your Workers Compensation Attorney
  • Your Employer's Workers Compensation Attorney
  • Your Physican
  • Your Physical Therapist
  • Your Employer
  • Your Work Union
  • Your Supervisor
  • Your Co-Workers
  • The Workers Compensation Appeals Board
  • The Workers Compensation Rehabilation Unit
  • The Information Assistance Unit
  • Loan Sharks (Against Settlement)
  • Family / Friends

All of the above are probably involved in your workers compensation claims case, either directly or indirectly. While anyone of them can be a major help OR major hindrance. No matter who it is, and what their role in your situation, remember, they are only their to give their particular advice or input on the situation. They can't make a decision based on the picture as a whole, ONLY YOU can do that.

JUST REMEMBER: Right or wrong, good or bad, each of the above have their own particular agendas. Factor that into your decisions, respectively.


Learn The Symptoms

WORKERS COMPENSATION / HEALTH CARE NEWS

  • Insurersâ Pay Comes Under Fire With Health-Care Bill AmendmentBloomberg3 days ago

    Dec. 5 (Bloomberg) -- U.S. senators intend to vote today on a plan to limit the tax deductions insurance companies can take on executive salaries, taking aim at a favorite target in the debate over health-care legislation.

  • Insurersâ Pay Draws Fire With Health-Bill Amendment (Update2)Bloomberg2 days ago

    Dec. 5 (Bloomberg) -- U.S. senators plan to vote today on a proposal to limit the tax deductions insurance companies can take on executive salaries, aiming at a favorite target in the debate over health-care legislation.

  • Costs soaring for providing free insurance for Iowa state employeesThe Gazette6 days ago

    Iowa is one of only six states to offer the option of free health insurance to state government employees and their families. And the state’s cost to provide health insurance has increased more than 300 percent — $176 million — in 10 years, a Des Moines Register analysis shows. Iowa’s state employees also pay substantially lower [...]

Other Articles In This 10 Part "WC Claims" Series

Print   —   Rate it:  up  down  flag this hub

Comments

RSS for comments on this Hub

No comments yet.

Submit a Comment

Members and Guests

Sign in or sign up and post using a hubpages account.


optional


  • No HTML is allowed in comments, but URLs will be hyperlinked
  • Comments are not for promoting your hubs or other sites

working