1. MAXIMUM BENEFITS – You get more benefits and compensation with an attorney than without – period. I don’t care what they claim on their touchy-feely commercials, insurance companies are in the business of making money. They make money by taking in more money from premiums for coverage (and investing it) than they pay out in claims. Their not evil, but the longer they can hold onto the money and the less they can pay out supports their best interest – not yours. An attorney knows all the benefits you are entitled to and the fair compensation to be paid. Since your attorney’s fee is based on a contingency, you and the attorney have the same best interest. The more you make, the more the attorney makes. A good attorney is going to get the most they can get for you.

2. FASTER MEDICAL TREATMENT – It is amazing how fast the insurance company obtains medical information that they may be able to use to stop your benefits and yet how long it takes for them to obtain medical information that requests authorization for additional treatment (yes, that is sarcasm you hear). But even before you get to seek authorization for treatment, you have to obtain the correct paperwork from the doctor. And even before you can request the paperwork from the doctor you have to get in to see the doctor. And before the doctor can see you, he or she has to have all the information necessary. It takes a Herculean effort to timely facilitate medical treatment. Even when you have someone dedicated to it, it takes longer than it should. Everyone is always waiting for someone else to do something…. You are your own best advocate – unless you have an attorney advocate!

3. NOT HAVING TO DEAL WITH THE INSURANCE COMPANY – Let’s face it, who wants to deal with an insurance company? Even most insurance agents don’t want to deal with claims representatives. Even attorneys that represent insurance companies don’t want to deal with claim representatives. When you are injured, you are going through enough stress. Let your attorney call, fax, email, remind, plead, remind again, argue, re-submit information, threaten, and do anything else necessary to keep your case moving forward. You can then focus on getting better and getting back on your feet.

If you have a worker’s compensation case, please speak to a good worker’s comp attorney before agreeing to any settlements.  Contact us for for a free consultation

Q. I have an old worker’s comp case. I no longer work for the company.  Can I go back for treatment or settle my case?

A. Technically, yes. If you have not closed your case, your workers’ compensation claim remains open your entire life. It does not matter if you don’t work for the company anymore or even if the company is still in existence. The insurance company is the entity that you deal with, not the employer. Now while you can always seek more treatment, it doesn’t mean that the insurance company is going to approve it. They will want to know information about you from the last time your worker’s comp case was active. Information they will likely request will include what work you have been doing, if you have been involved in any other accidents or suffered any other injuries. They may also want updated medical records. If the cause of your current complaints is not clear after reviewing the records, a statement from your doctor connecting your current symptoms to your work injury may be necessary. If, after all of this your request for further medical treatment is still not approved, you may request a hearing for a commissioner to make a recommendation on the matter. As for settling your case, the opportunity exists as you have an open case. However, the insurance company has to also want to settle and you and the representative will have to agree on a figure. Insurance companies usually indicate an interest in settling. However, the amount they are willing to pay and the amount you are willing to accept will determine if your case actually settles.

This question has been asked with increasing frequency lately as people are looking for any extra money they can get during these tough economic times. An unsettled workers’ compensation case is a resource for additional funds and should be explored. A consultation with our office will help you determine if settlement would be a good option for you and what your case may be worth.