Idaho Law Blog

Make sure there are no gaps in your medical treatment

Published on: April 14, 2016 | by Racine Olson

By Fred J. Lewis and Jacey Erickson
Consistent medical treatment is an essential is critical to the success of your worker’s compensation case. Claimants (injured workers filing a worker’s compensation claim) who do not have continuous treatment for their injuries are most likely to lose their Idaho worker’s compensation case. In LETICIA SALINAS v. OLD REPUBLIC INSURANCE COMPANY issued by the Idaho Industrial Commission on March 4, 2016, the Commission held that the claimant has failed to prove her current low back condition was caused in whole or in part by the industrial accident of May 5, 2011. There had been a two year gap in her treatment. If there is not a continual record of medical treatment that is consistent with the work related injury, then that leaves significant room for speculation. It is very difficult to prove that the claimant’s injury was indeed work related and that they are entitled to Idaho worker’s compensation benefits. The Commission went on to hold that the claimant failed to prove that she was entitled to permanent partial impairment (PPI) and permanent partial disability (PPD). Ms. Salinas was awarded $0. Don’t let this happen to you.
These potential hazards can be avoided by hiring an experienced Idaho worker’s compensation lawyer. They will be able to direct you to appropriate medical care who will then be able to give you the care that you deserve. The lawyer will ensure that all the records are in order, will advise and assure you during this process.

Disproportional pain and injury

Published on: April 7, 2016 | by Racine Olson

Sometimes the pain and disability associated with traumatic personal injury seems out of proportion to the trauma that caused it. A minor accident may cause a significant disability. In Idaho and every state, a person who negligently or intentionally causes personal injury is liable for all of the damages that result, even those that seem to be out of proportion to the act. There have been cases, of course, where people have tried to fake a serious injury to get a recovery. This rarely works, but it does cause problems for those people that have truly been seriously injured in seemingly minor accidents. However, with proper medical diagnosis, the links can be established between major injuries and seemingly minor accidents.

We know, for instance, that a minor impact can cause a whiplash or a brain injury that results in serious damage. Sometimes, even an apparently minor trauma to an arm or leg can also cause serious injuries. Even the injured person might not relate the pain and disability that appears later to the accident that caused it.

Some examples:

The Do’s and Don’ts of Idaho Workers’ Compensation

Published on: April 7, 2016 | by Racine Olson

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.

Idaho Products Liability

Published on: March 30, 2016 | by Racine Olson

When a person is injured by a product in Idaho, it is imperative to get help from a seasoned products liability lawyer. The rules are complicated and the law is unforgiving. This article will explain some of the basics of Idaho products liability law.

First, there are various claims that can be made against a manufacturer. These include strict products liability, negligence, breach of warranty, and a failure to warn. The focus of products liability is on whether the product was dangerous when it left the manufacturer. Strict products liability, negligence, breach of warranty, and a failure to warn can really be placed into categories. These categories are design defects and manufacturing defects.

A manufacturing defect is one which occurs at the factory to just one or two products. In other words, the product’s design is safe, but for some reason, the particular product that injured a person was dangerous. This is usually the result of some negligent act by the manufacturer during the manufacturing process.

How do I choose my Idaho Worker’s Compensation Attorney?

Published on: March 23, 2016 | by Racine Olson

There are thousands of Idaho attorneys you can chose from, choosing one to represent you in your Idaho Worker’s Compensation claim can be difficult. I would like to give you some pointers in picking the right attorney. First look at their practice areas. Some attorneys get there hands into everything, especially when in a competitive work field. An attorney that only specializes in a few different areas of law usually will be more focused on your case and have more experience. I really practice in only two areas: Idaho workers compensation and personal injury. So when you hire me, you may rest assured that you are in good hands. The next thing is do your research. Look at their credentials, how their peers feel about them, how their clients feel about them. Do a web search of there name, this usually brings up reviews and other pertinent information on the attorney in question. I am blessed to have outstanding reviews.

Lastly, you are hiring an attorney. Just like an employer would make sure they obtain a well qualified employee, make sure you hire an attorney that is right for your case. Ask the attorney about their experience, how many cases they have been involved in and if they feel are confident in taking your case. Ask them what their plan is for your case and how will they achive the goal of getting you the Idaho worker’s compensation benefits you deserve. Why would you pay money to a person you aren’t entirely sure of. Idaho Worker’s Compensation law can get complicated make sure you have the right attorney to guided you through your claim.

STOP!! Don’t Settle Your Idaho Worker’s Compensation Claim For Less

Published on: March 19, 2016 | by Racine Olson

I would like to address a scenario that happens frequently in the world of Idaho workers compensation. If you are involved in a work related injury, many insurance companies will try and settle with you for some minuscule amount of money. This is a tactic they use to save them money. Often, these offers are well below the true benefits you are entitled to and don’t give you fair compensation. Before you accept any offer from an insurance company, please contact an expert Idaho worker’s compensation attorney.

I can help you get fair compensation. I have been representing injured workers in Idaho for 28 years. I have the experience and knowledge to assist you in your claim. Idaho worker’s compensation claims can be tricky to navigate, don’t do it alone. Get the fair compensation you deserve and don’t let these insurance companies push you around.

If I am hurt at work, is workers’ comp all I can get?

Published on: March 9, 2016 | by Racine Olson

Not exactly. There is a common mistaken belief that the workers’ compensation system is your only recourse if you are injured on the job. It is true that workers’ comp is usually your only recourse against your employer if you are hurt on the job. But, if you suffer personal injuries on the job, you may still have a case if the responsible party is not your employer or a fellow employee.

For instance, suppose you are at work, driving a company vehicle to a job site, when a speeding drunk driver in a Yugo comes up fast behind you. Her brakes fail, and she slams into your rear bumper doing almost 100 mph. You suffer a whiplash injury.

Because you were on the job at the time of the accident, you are covered by workers’ comp. You will get the statutory damages for your injuries, regardless of whose fault the accident was. But workers’ comp payouts in Idaho are often not enough to fully compensate for personal injuries, so your lawyer may want to investigate whether there are other parties against whom you can make a claim. He will probably want to file a suit against the driver, who was negligent for driving drunk (and for driving a Yugo), and maybe against Yugo because of the brake failure. The workers’ comp laws do not prevent an injured employee from filing either of these suits.

Can a companion be compensated for mileage, meals and housing?

Published on: March 2, 2016 | by Racine Olson

If your work related injury is so severe that you have restrictions given by your doctor or your just thinks it is a bad idea for you to travel alone to the IME and you are required to have a companion accompany you for your medical treatment/condition, then yes that companion can be reimbursed for his or her expenses.

A moment’s carelessness …

Published on: March 2, 2016 | by Racine Olson

A moment’s carelessness with a power tool or a piece of industrial equipment can lead to horrendous injuries and a lifetime of disability. Moments of carelessness happen because people are not machines: they can be distracted, they can flinch at sudden noises, they can forget to tell a coworker that they are about to turn on the power. Any of these things can cause death or injury in the right circumstances.

We take it for granted in our homes and workplaces that simple, everyday matters shouldn’t result in death or horrible injury. We insulate electrical wires and hide them in walls. We ground power tools. We look for ways that common tasks are likely to result in injury, and come up with ways to prevent them. Our efforts aren’t foolproof, but we have reduced the number of injuries caused by moments of carelessness.

The potential for modern power tools, industrial equipment, and other products to cause injury in a moment of carelessness makes it imperative that they be designed properly. They must be designed to account for the fact that the operators are human. Many mistakes, many acts of carelessness in the use of a tool or other product, can be anticipated in the design phase. If they can be anticipated, then controls and safety mechanisms can be designed to protect against them. Careful, responsible manufacturers do this religiously, but sometimes they fail.

What if I don’t settle?

Published on: February 24, 2016 | by Racine Olson

There are a few outcomes that can occur if you decide not to settle. Your medical benefits will remain available, as well as your income benefits may be resumed if you are disabled again by your work related injury.　 There is a possibility to the surety may settle for a lesser offer if you decide to settle at a later date. If you have questions about your settlement or potential settlement contact a local expert Idaho workers’ compensation attorney.　 Call me at 208-232-6101 or toll free 877-232-6101, I will answer all your questions and help you decided on the best course of action for you and your case.