Posts

Can You See Your Own Doctor For Workers’ Comp?

According to the North Carolina Industrial Commission, your employer or its insurance company chooses the doctor for your workers’ comp claim. This includes all medical treatment related to your work injury. You or your lawyer can request that you be treated by a different doctor or medical facility. Keep in mind that payment by workers’ comp is not guaranteed unless the change of medical provider is approved.

What If I Saw My Doctor Before I Knew The Rules?

Often, the workers’ comp insurance company will pay for your treatment, provided they deem the treatment was reasonable. Your workers’ comp attorney may need to put some pressure on the adjuster in order to receive a reimbursement, but it is not unusual to receive one.

If the treatment for which you seek reimbursement falls outside of normal accepted treatment, you may find the adjuster pushes back on reimbursement requests for acupuncture and chiropractic treatment that was not conducted at their direction.

Will My Workers’ Comp Lawyer Direct Me To A Doctor?

You may find that the doctor hired by the workers’ comp insurance company favors the employer. This may manifest itself in a few ways. First, the doctor may choose conservative treatment and forego additional testing to discover injuries. Second, the doctor may not write you out of work for as many days, weeks, or months as another doctor might. Lastly, if you are seeking a physical impairment rating, you may find that one doctor gives you a more favorable impairment rating than another doctor. The impairment rating affects the value of your workers’ comp claim.

Who Pays For My Workers’ Comp Treatment?

If the insurance company chooses the doctor, they will pay for the treatment. If you choose your own doctor, you can either seek reimbursement from the workers’ comp insurance company or you can pay the doctor out of your workers’ comp proceeds. As mentioned above, there are times it makes sense to seek your own treatment from a doctor of your choosing. Your attorney can assist with this choice.

Speak With A Workers’ Comp Attorney Today

If you have questions about workers’ comp, call us. We’re here to help. We can be reached at 704.749.7747 or you can click HERE to request a consultation. All consultations are free, and it is our job to help you understand your options. We know you have choices. We hope you Call Layton Law.

Workers’ Comp: Claims and Benefits

To apply for a Workers’ Comp claim you will have to establish that the injury was within the scope of employment. Otherwise you may not be able to file for a Workers’ Comp claim. Generally, if your injury was sustained while within the scope of employment, your lawyer and doctor will work together to make a determination regarding the benefits you deserve.

 

Your Workers’ Comp lawyer will generally negotiate with the insurance adjuster for the employer’s insurance company regarding your missed pay or wages, as well as any percentage impairment you’re entitled to receive. Keep in mind that if you have a Workers’ Comp claim you can’t also pursue a personal injury claim against the employer for the same incident. You do not however, have to prove negligence in order to file a Workers’ Comp claim.

Workers’ Comp Denied?

There are many reasons that your Workers’ Comp claim can be denied. Perhaps your injury was not being within the scope of employment, you perhaps you failed to file within the required amount of time. Additionally, a Workers’ Comp claim or the value of the claim, can be compromised if you failed to seek proper medical treatment for your injury.

 

If your claim is denied, you can appeal the denial of your claim. The denial letter should provide a certain amount of days by which you need to appeal, otherwise your right to appeal will be lost. You will be asked to provide any medical or employment documentation of your injury in your appeal. If you do decide to appeal it is an arduous process best undertaken by an attorney who can adequately assist you in protecting your rights.

 

Returning To Work Early

Your doctor will be the voice of reason when it comes to returning to work. While youyou’re your lawyer will maintain contact with the employer or their insurance adjuster during your absence, it is not unusually to return to “light duty” work assignments as you heal from your injury.

 

Employers are allowed to replace injured workers, however, and you should be prepared that you may lose your position due to extensive time away from the job. If you return to work with another employer, keep in mind that may have ramifications on your Workers’ Comp claim—your lawyer should be consulted before you engage in employment with another employer.

 

Components of A Settlement

Workers’ Comp covers wage loss benefits and medical expenses, but to the surprise of most clients, it does not provide for pain and suffering. You also cannot sue for cause of disability or cause of injury within your Workers’ Comp claim. Future earning capacity should be addressed in your claim, and these benefits are calculated in a similar manner to your permanent or partial disability benefits.

 

What Your Attorney Can Do For You

Your attorney can help you determine the value of your Workers’ Comp claim as well as file the claim, manage it on your behalf, and negotiate your best result. Your attorney will fight to help you receive the benefits you deserve. Your Workers’ Comp attorney will also help to ensure that your claim and you are both taken care of in the most efficient and caring way.

Call A Workers’ Comp Lawyer Today

If you or someone you love has been injured on the job, please call us to find out your rights. We are more than happy to hear your story and give you a complimentary assessment of your case or claim. If we can’t take your case for some reason, we will help refer you to another trusted lawyer or law firm that can assist you. If you’d like to speak with an attorney today, call 704.749.7747 or click HERE to send us a request for a phone consultation. We hope you’ll choose to Recover With Us.