Idaho Law Blog

Catastrophic Injuries

Published on: May 16, 2016 | by Racine Olson

A catastrophic injury permanently prevents a person from performing any gainful work. A person suffering from a catastrophic injury is usually left with permanent disabilities for the rest of his/her life. Catastrophic injuries are of such a nature that they leave serious, long-term effects on the victim. They commonly result in serious stress on the victim as well as the victim’s family. In fact, they may result in the need for constant supervision and ongoing medical care for life.

01. What causes a catastrophic injury?

Catastrophic injuries can be caused by almost any negligent act. A catastrophic injury may result in severe disruption to the central nervous system, severe burn injuries, severely broken bones, or loss of sight. These results then affect other systems of the body. Catastrophic injuries include: serious head trauma; amputation; multiple bone fractures; eye injury; brain injury; severe burns; organ damage; spinal cord and neurological disorders which can result in paralysis.

Two Times Three Equals Six (Part 2)

Published on: May 16, 2016 | by Racine Olson

The functional capacity expert is the next expert. Usually this is a physical therapist that will put you through various tests to determine your work ability and restrictions. As with the case of the physicians, often there will be a functional capacity evaluation on your side and on the insurance company side. Meaning your doctor sent you to one and the insurance company sent you to one. There are honest physical therapists that have years of experience that I know give fair evaluations. The insurance company doesn’t want to take their word though; they would rather have an evaluation that says you are just fine and have the same work capability as you did before the accident. I have had clients go to functional capacity evaluations requested by the insurance company, and they come back hurt because the therapist over exerted them: just to get the results they were paid to get. Nothing makes my blood boil more than a so called medical professional that would jeopardize an individual’s health for money.

Don’t accept the opinion of the physical therapist hired by the insurance company. Fight back! Hire an experienced Idaho worker’s compensation lawyer. We will help get you to a physical therapists that will tell the truth about your restrictions and support your claim for disability. Call us we are her to help!

Benefits of Using Motorcycle Helmets

Published on: May 11, 2016 | by Racine Olson

The weather is warming up and by the end of this month will likely reach over 80 degrees. With warm weather comes the use of numerous types of motorcycles and other such open vehicles. Unfortunately, drivers do not watch for these types of vehicles the way they should. However, with a little extra care, they can be used safely.

01. Helmets are required by law.

The most important piece of safety equipment for a motorcycle or other open vehicle rider is a helmet. Twenty percent of motorcycle accidents result in head or neck injuries. Either type of injury can be severe; and both can be fatal. However, when a helmet is properly used, both head and neck injuries are reduced. Idaho Law recognizes this fact and requires that a person under the age of 18 who is using a motorcycle or ATV use an appropriate helmet.

Two Times Three Equals Six (Part 1)

Published on: May 11, 2016 | by Racine Olson

Often in worker’s compensation cases there are three common experts that are used. The physician, functional capacity expert and a vocational expert. These three experts give valuable and important opinions on your case, which is why you will most likely see each one of these experts for both sides.

The first expert that I would like to talk about is the physician. These are skilled professionals who have spent years study and treating the body. They are experts in their field and their opinion can pack a lot of weight behind it when it comes to settlement time. Usually the expert on your side is your treating physician. They have been the one seeing you every week, they did the surgery and the follow up. It seems logical that they would be the leading expert on your side. Sometimes that isn’t the case. In some cases you’re treating physician doesn’t get involved in legal matters and won’t offer his or her opinion. In that case you will most likely be sent to a trusted physician who gives an honest opinion of your cause of injury and impairment. It should be cut and dried right? Wrong! The insurance company has their own expert physician. Their hired gun! Often these doctors won’t give you a fair assessment and will attribute your injury to some other pre-existing condition. They will give you an unfair low impairment, take their fat check. In my years of practice I have seen some physicians give honest fair assessment even if they are getting paid by the insurance company. I have seen it go the other way as well.

Don’t accept the opinion of the doctor hired by the insurance company. Fight back! Hire an experienced Idaho worker’s compensation lawyer. We will get you to a doctor that will tell the truth about your condition and support your claim for disability. Call us we are her to help!

Top 3 Symptoms of a Herniated Disc

Published on: May 5, 2016 | by Racine Olson

A herniated disc (also referred to as a slipped disc) can occur in people of any age, although most people who receive herniated discs are in their 30’s and 40s’s. A herniated disc can be caused from daily wear and tear, however, it is also a common injury caused in automobile accidents.

The top 3 symptoms of a herniated disc are (1) arm and leg pain, (2) numbness and tingling; and (3) weakness.

The average person’s spine is made up of 33 bones called vertebrae. The spine is divided into the upper spine (cervical), middle spine (thoracic) and lower spine (lumbar). Generally, the upper spine consists of seven vertebrae. The middle spine consist of twelve vertebrae and the lower spine consists of five vertebrae. The remaining vertebrae are in sacrum (located below the lumbar) and coccyx (located below the sacrum). Each vertebrae in the upper, middle and lower spine is cushioned by a disc. Each disc consists of a soft inner portion and a tough outer portion. A herniated disc occurs when the soft inner portion protrudes out of the outer portion. Most herniated discs occur in the lower spine, but they can also occur in the upper spine and even in the middle spine. Herniated discs can be detected using various medical tests, including MRI’s, X-Rays, CT Scans and Myelograms.

The 10 minute expert!

Published on: May 4, 2016 | by Racine Olson

By Fred Lewis and Mckaid Sheppard

Everyone likes to be knowledgeable about a subject. Ignorance is not bliss, sometimes self-education can make you over confident. I have had a few potential clients ask me questions, glean information about workers compensation law, and then never come back. They have become the expert in their eyes. There is a problem with this. You cannot learn the complex process of Idaho worker’s compensation law in 10 minutes.

I have initial calls or meetings all the time with people inquiring about their situation and asking for advice. This is not out of the norm; most attorneys, along with I, offer free case reviews. The future client often asks about the process of Idaho worker’s compensation claims. They try to get as many details as they can, and then, we never hear from them again. In their minds they have just become the expert after that 10 minute call of meeting. After a brief meeting of me telling them the process and explaining to them the workings of a workers’ compensation claim: they go out on their own to take on the insurance companies by themselves.

Listen to your experienced Idaho worker’s compensation lawyer

Published on: April 27, 2016 | by Racine Olson

By Fred J. Lewis and Jacey Erickson
Following the council of your experienced Idaho worker’s compensation lawyer is absolutely crucial in having a positive outcome in your worker’s compensation claim. It may be the case that your attorney will advise you to take an offered settlement. This is very wise council that you should be heed. You attorney will do their utmost to ensure that you do not walk away empty handed. In JOEL BACKES v. STATE INSURANCE FUND issued by the Industrial Commission of the State of Idaho on February 5, 2016, the claimant held off on accepting the settlement, despite the advice given by his lawyer. This resulted in Mr. Backes only receiving a small fraction of the money that he could have received had he accepted the settlement like his lawyer advised him to do so. This was completely avoidable. Listen to your experienced Idaho worker’s compensation lawyer. If you want a second opinion on your settlement get permission from your lawyer to consult with another experienced Idaho worker’s compensation lawyer and make sure they agree with your lawyer’s opinion on the offered settlement. If you don’t things can go very badly when you don’t heed recommendations made by the experienced Idaho worker’s compensation lawyer.

By hiring a qualified Idaho worker’s compensation lawyer, you can have the peace of mind knowing that the advice you will receive will be in your best interest. Your lawyer will have had years of experience working cases similar to yours and you can be rest assured that you will be able to come out on top.

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.