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Archive for November, 2019

Mistakes to Avoid When Pursuing a Workers’ Comp Case: Part II

In Part One of this series, we discussed the importance of acting right away after an on-the-job accident occurs, as well as telling your doctor the full extent of your injuries without creating false symptoms or injuries. In Part Two of our series, our Lancaster workplace accident attorney will discuss mistakes related to doctor selection and failure to heed the doctor’s advice.

Error 3: Using the Employer’s Doctor and Failing to Choose Your Own Physician

Unfortunately, many hurt workers may not even realize that they do not have to use an employer-provided doctor. While using the company’s doctor may seem like a convenience or requirement, it is not mandatory, and more often than not, a workplace accident lawyer will advise against using the employer’s doctor.

The law provides employees with the ability to select and visit any doctor of their own choosing, along with any other healthcare providers that may be recommended by the primary care physician. Additionally, you should be aware that you, as the injured worker, are entitled to obtain second opinions, including the tests and/or services recommended by those physicians offering such opinions.

Error 4: Failing to Abide by the Doctor’s Treatment Plan or Follow His Recommendations, Advice and Orders

If you want to ensure the downfall of your workers’ comp case, simply do not do what your doctor tells you to do. We cannot stress enough the importance of following your physician’s orders, recommendations and treatment plan. If the doctor wants you to return for follow-up exams and tests, or he needs you to attend physical therapy, make sure you go to these appointments. All too often, people think that certain treatments and recommendations are “optional” as opposed to required. And more often than not, injured individuals incorrectly think that when they start feeling better, they no longer need treatment. This simply is not realistic, and you are leaving a wide opening for the insurance company to claim that your injuries are not as severe as you claimed because of your failure to follow treatment recommendations.

Our Lancaster workplace accident attorney knows all too well that symptoms will lessen during the treatment process; however, if you stop receiving treatment or following the doctor’s guidelines, those symptoms can return, and in some instances, they can come back worse than they were originally. That said, you are reminded to tell your doctor every little detail you can think of about your injuries and the feelings you’re experiencing, despite how minor they may seem. You are also encouraged to discuss any injuries that were present before the accident. Even if you had pre-existing injuries, you may still be entitled to compensation for those stemming from the incident at issue.

Dealing With a Worker’s Comp Case? Our Lancaster Workplace Accident Attorney Can Help

You don’t have to attempt to handle your workers’ compensation case on your own. Any Lancaster workplace accident attorney at our firm can help you with your case and discuss how the process works under the law. Contact our office for immediate assistance.

Mistakes to Avoid When Pursuing a Workers’ Comp Case: Part I

If you have been hurt on the job, you are undoubtedly suffering from not only physical pain, but also emotional pain as you begin to face the harsh reality that you may be out of work for weeks, months or even longer. Each Lancaster workplace accident attorney at our firm understands this and we are prepared to assist you as much as possible with your claim to ensure you get the just compensation you deserve.

In this four-part series, we will discuss a number of mistakes you need to avoid while dealing with your workers’ comp case — errors that could ultimately damage your case beyond repair.

Error 1: Failing to Act Right Away When an Accident Occurs

If you’ve sustained an injury while performing your job duties, you may have experienced a level of embarrassment, as well as disorientation. At the time, you may not be thinking clearly even if your physical injuries aren’t immediately evident. Still, there are a number of steps that need to be taken at the time of the accident in order to preserve your claim.

For instance, if your coworkers witnessed the injury, they most likely will be able to advise the employer of what happened just prior to the accident. Their versions will probably vary, as is normal when individuals witness an event from different vantage points. That said, your version of what took place before, during and after the incident will be critical to your case. Accordingly, our Lancaster workplace accident attorney encourages accident victims to write everything down while the incident is still fresh in their mind. Ensure that your notes are as thorough as possible, paying particular attention to what was said by whom and when. No detail is insignificant, so the more complete your notes are, the better.

It is also important to maintain copies of all documents related to the injury, especially from a financial standpoint.  Such costs can include travel to and from doctor’s appointments, lost wages and various after-care services. Be sure to obtain and keep copies of all medical records, including MRI and CT scan results, lab reports and other related documents every time you go to an appointment. Doing so from the beginning will help you and your attorney save a ton of time, expense and stress in the long run.

Error 2: Neglecting to Let Your Doctor Know the Full Details of Your On-the-Job Injury and Faking Symptoms and/or Injuries

You must let your physician know everything about your injuries that occurred from not only this accident, as well as injuries that existed previously on the same part of the body (which we commonly refer to as pre-existing conditions). So, if your doctor asks how you are doing, do not simply say, “I’m doing okay.” Go into in-depth detail, as the doctor actually needs to know how you are feeling physically. Tell him or her about every symptom you have, including those that have changed or continue to evolve as time passes.

While you are explaining your ailments to the doctor, it is also crucial for you to advise him or her if you’re feeling better than you were initially too. Our Lancaster workplace accident attorney knows that one sure way to damage your workers’ comp claim is to make up injuries that do not exist or to overblow the extent of your injuries. Doctors are professionals who have been trained to spot certain signs and symptoms related to various injuries — so if you’re faking it, they will likely know this sooner rather than later. When doctors think a person is faking injuries, it will be noted in the medical records and that notation may ultimately bring your case to an abrupt end or severely devalue it.

Let Our Lancaster Workplace Accident Attorney Help You Avoid These Errors

You should be justly compensated for any injuries you sustain while performing your job duties. Don’t mess up your claim by making reckless mistakes that could’ve easily been avoided. Contact our Lancaster workplace accident attorney today to discuss the particulars of your situation.