Learn how to navigate the worker's compensation maze if you were injured at work.
1
TELL THE EMPLOYER
(1) Fax a note to the Employer requesting treatment. SAVE THE FAX REPORT SHOWING they got it.
(2) Do say "The Job Duties hurt my hand/back/knee". Don't say "my hand hurts".
(3) Do notify the employer in front of friendly witnesses, or in writing, best via fax. DON'T notify the employer by telephone.
(4) Do advise the time frame of the injury. DON'T wait more than ONE YEAR to tell the employer or the claim is likely barred.
2
TELL THE INSURER
(1) Fax a note to the Workers' Compensation Insurance carrier.
(2) Locate the Insurer at the work place, it is supposed to be posted in a viewable place like a break room.
(3) Locate the insurer online at the Workers Compensation Insurance Rating Bureau: https://wcirbonline.org/wcirb/
3
GET MEDICAL EVIDENCE
(1) Totally Broke? Use the county hospital Emergency Room
(2) Until the Insurer responds, you get $10,000 in free treatment
(3) Many Chiropractors treat on a Lien Basis, NEVER PAY CASH.
(4) If the Insurer won't OK a fair treating doctor, request a Panel QME; get a local lawyer to pick your QME from the list, because you could choose a doctor who will wipe out your recovery.
4
HELP THE DOCTOR WRITE WHAT YOU NEED
(1) Write the injury history for the doctor, nice & clear without nasty comments
(2) Write your life medical history, include every injury, work injury and non-work injuries
(3) Write for the doctor items the report must include for your judge: Proving the Injury is Industrial, Specific studies still needed, medical appliances necessary and how often these should be replaced, likely future surgeries, prescription medications, Pain Patches, therapy for flare-ups, consults with pain management specialists and acupuncturists, plus any permanent residual disability in the form of WHOLE PERSON IMPAIRMENT.
5
REQUEST A HEARING
(1) AOE/COE Priority Hearing is used to prove a denied claim IS industrial.
(2) EXPEDITED HEARING is used to get the judge to order Temporary Disability Payments AND Treatment procedures.
(3) RATING MSC is used to get a consultative rating on the QME reports showing factors of Permanent Disability
(4) TRIAL is used when you can't agree on a dollar amount for the Permanent Disability, penalties for failure to pay disability payments timely, penalties for refusal to authorize treatment timely, termination as retaliation for requesting benefits, and most unresolved issues.
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