Worker’s Compensation:
8 Critical Mistakes to Avoid
− Jodi Brenner Ginsberg, Georgia Attorney at Law
Mistake to Avoid #1
If your case results in a lump sum settlement, you will most likely be asked to resign and waive any claim for Americans with Disabilities Act damages.
The truth: many claimants are surprised and upset to learn that their employer does not want to take them back. Statistics show that if you are injured once, you have a greater than average chance at being injured again so if you settle for a lump sum your employer and/or the insurance company will want a resignation from you. An experienced workers compensation attorney will help you understand all of the conditions associated with your settlement.
Mistake to Avoid #2
Your employer’s insurance company may deny your legitimate claim to delay paying benefits and to try to starve you into accepting a lowball settlement.
The truth: Workers’ compensation claims cost your employer money and lost productivity. Your claim costs out of pocket money to the insurance company. Insurance companies are in the business of making money, not paying it out and their experienced adjusters and attorneys have years of experience in using tactics to reduce what they have to pay. Even if the adjuster is pleasant to you in phone conversations, never forget that your interests run contrary to those of the insurance company.
Mistake to Avoid #3
The doctors on your employer’s “posted panel” often get most or all of their business from insurance companies and thus may be reluctant to request expensive tests or therapies.
The truth: you may think that Doctor “A” is about the same as Doctor “B” or Doctor “C.” Unfortunately, nothing could be further from the truth. Some physicians take an aggressive approach towards your care by ordering tests and trying different medicines and therapies. Other doctors proceed much more slowly and like to wait to see what will happen. Doctors who get most of their business from insurance companies often try to avoid spending the insurance company’s money. This means that needed tests are often delayed or not ordered at all and you end up with less than adequate medical treatment.
Mistake to Avoid #4
Avoid making the mistake of not keeping track of your mileage to and from your doctor’s office. This mileage is guaranteed to you under state law.
The truth: You are eligible for mileage checks, but the insurance company often will not volunteer this fact. Mileage checks for $15 to $20 involve a lot of paperwork and time for the insurance adjustor. However when you are not receiving your full pay that $15 or $20 can mean the difference between eating or not eating, or keeping the power on. You need a knowledgeable and experienced attorney on your side who can demand your mileage reimbursement when it is due.
Mistake to Avoid #5
Avoid making the mistake of thinking you cannot change doctors!
You have the right to change from one posted panel doctor to another, but the insurance company will not offer this information freely. Medical treatment under workers compensation is often a source of dispute and even litigation. But did you know that under the law, you have the right to “one free switch” whereby you change from one posted panel doctor to another. An experienced lawyer can offer insight about the virtues of the physicians who appear on the posted panel and can help you take full advantage of this important right.
Mistake to Avoid #6
Not knowing you have the right to choose and INDEPENDENT MEDICAL EXAMINATION.
You have the rights to obtain a claimant’s Independent Medical Examination in many cases, but it may be difficult to know which doctor to choose for this one-time option. Here, too, the law provides an incredibly important benefit to injured claimants, but it must be used wisely. If you are receiving benefits, you have the right to an insurance company paid visit to a doctor of your choice for an independent medical exam. This exam report can be the basis for a request for change in authorized treating physician, so you do not want to waste this opportunity.
Mistake to Avoid #7
Not knowing when to settle! Read on.
The insurance company does not have to settle your case. Unlike negligence claims there is no judge to render a verdict about the value of your case. Workers’ compensation cases settle for the most amount of money when there is the most amount of uncertainty about your future needs for medical care and missed work. An experienced lawyer can evaluate your case and make recommendations to you about when to settle before your case becomes stale and loses value.
Mistake to Avoid #8
Not being fully aware of the lengths the insurance company will go to keep from paying out money.
Have you ever been secretly filmed by a private investigator? Be prepared to be followed and photographed by a private eye hired by the insurance company. Many claimants are shocked and offended to learn that they have been followed and videotaped running errands – shopping at the grocery store, picking up the kids, or putting gas in the car. Let an experienced lawyer explain how surveillance is used and how to avoid getting caught in this trap.
What’s Next?
P.S. I hope you find this Survival Kit valuable but I want to emphasize that you should not consider anything in this Kit or on this website as legal advice. I can only offer legal advice to clients who have hired me by signing a written retainer agreement. So if you would like to learn more about Georgia workers’ compensation law impacts you based on the facts of your case, please call me right now at 770-351-0801.