Idaho Law Blog
By Fred J. Lewis and Mckaid Sheppard
Just like with everything in life there are things that you should do and things you shouldn’t do, and workers’ compensation is no exception. There are things you can do that can either stream line your claim to favorable settlement or can send it spiraling backwards.
The first do: keep meticulous records. Keeping records of dates, appointments and medical providers can jump start your case to a fast start. Vital parts of most all workers’ compensation case are medical records and billings. If you case is denied you will be demanding compensation for those medical visits and treatment. Having a detailed list and keeping billing and documentation makes it ten times easier to request records and get them in order. Keeping records of work search journal. Having a detailed work search journal can illustrate your disability and you need documentation not just your word. Keeping accurate and detailed records can help your claim be a success.
The first don’t: don’t be too eager to settle. We have all had those experiences of the over bearing salesmen. Often insurance companies can play this role. They know that you have a legitimate claim, and to save them money, they will offer you some meager settlement right off the bat. If they can take advantage of your situation and exploit your financial stress they will. Be patient and get the fair compensation you are entitled to.
The second do: get help. Often people don’t want to seek representation. They believe that they can handle it themselves, which may be true, but why risk it? The insurance companies have a team of attorneys working for them to save them money. They are creating arguments and evidence that will benefit them the best. Don’t go up against them alone. Many people say they can’t afford an attorney, but with workers’ compensation, the attorney doesn’t get paid unless you do. Usually these cases are contingency based and if you don’t get paid neither does the attorney. So don’t be afraid to get help. The workers’ compensation world can be foreign and harsh get guidance to ensure you get fair compensation.
The second don’t: don’t play down your injury. I have seen it so many times when the tough persona hinders a workers’ compensation claim. You got injured! Get the necessary medical attention and take the necessary time to recover. I have seen clients ask the doctor to release them to work before they have recovered enough to do so. People are afraid of getting fired or losing a paycheck. Lost time benefits can be demanded and disability claims can be made. Don’t hinder your case and hurt your health by downplaying your injury or trying to return to work sooner then you are able to.
The third do: follow through. If your physician or attorney asks you to do something do it. These are trained professionals in their respected field. Your physician is trying to get you better and back to work. Do the therapy and treatment they prescribe. Not following physicians orders can hinder your claim. Listen to your attorney and do what they ask. They are experts in their field and know what will make or break a workers’ compensation claim.
The third don’t: don’t get discouraged. Easier said than done, right? I understand that everything can seem to come crashing down around you in a workers’ compensation case. Often the injury on the job brings more than just pain from the recovery of the injury. Industrial injuries can bring finical, emotional and physical stress, but here is hope. There are resources and individuals who are there to help you. Countless of others have made it through this process so can you. Attitude plays a huge part in bouncing back from an industrial injury.