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Archive for December, 2019

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

As we conclude our four-part series on mistakes to avoid when pursuing a workers’ compensation case, our Lancaster workplace accident attorney will discuss failing to hire an attorney for your case (or choosing the wrong type of attorney), lying to your attorney and providing the insurance company with a recorded statement and/or signing medical authorizations.

Error 8: Choosing the Wrong Attorney or Not Hiring a Skilled Lancaster Workplace Accident Attorney For Your Case

Insurance adjusters, regardless of how pleasant they are when speaking to you or how nice they seem to be, do not have your best interest in mind. Their goal is to save the employer’s insurer as much money as possible by paying out the least amount possible for the claim. That said, it is imperative that you seek legal counsel from a competent Lancaster workplace accident attorney who will look out for your best interests.

To ensure you are treated properly after your workplace injury, you should speak to a lawyer and discuss the facts of your case, including the extent of your injuries. Experienced attorneys know how to take this information and dissect it in order to ensure that you have taken every possible consideration into account. Additionally, an attorney will review any proposed settlements made by the employer and make the proper recommendations before you agree and/or sign any documents.

For cases such involving workers’ compensation claims, your attorney selection is crucial. In the same way you choose doctors based on their specialties, you should be looking for a workplace accident lawyer who has extensive experience in handling such cases, along with a proven record of success. While it may be true that your cousin Joe may be an excellent estate planning attorney, he may not be the best choice when it comes to dealing with workplace injury cases if he doesn’t have a sufficient amount of experience in handling them.

Error 9: Lying to Your Attorney is a Huge No-No

Failing to disclose all of the facts of your case to your attorney could be the difference between victory and defeat. Just as we mentioned above about speaking with your doctor, it is important that you tell your Lancaster workplace accident attorney everything that may be relevant to the case, including current medical issues, prior injuries, any doctor’s care currently in place, previous legal and/or financial issues, employment history, prior and/or current drug or alcohol use, or anything else that my be used by the employer to discredit your claim. Remember this: your attorney is on YOUR side and is prepared to fight to the end for you; however, he can’t defend you properly if he is unaware of certain things.

Error 10: Providing the Insurance Company With a Signed Medical Authorization and/or Recorded Statements

First and foremost, it is important to note that you are not required to provide the insurance company with any recorded statements or signed medical authorizations. Why is this important to know? Think of it like a criminal case where “anything you say can and will be used against you.” Many people do not realize that such statements are not required. The adjuster may say it’s part of standard procedure or they may go as far as to say they can’t proceed with the claim until you’ve signed certain documents. But understand — there is no rule or law that says you must make a recorded statement or sign anything. They may have this rule, but it doesn’t necessarily mean that you’re bound by their rules. If you’ve already provided a recorded statement, no need in panicking. Just call a Lancaster workplace accident attorney at our office so we can discuss your situation and come up with an appropriate resolution.

Work with a Lancaster Workplace Accident Attorney at Vanasse Law LLC Today

If you are an injured worker who is currently seeking workers’ compensation for your injuries, we hope that our series on mistakes to avoid during this process has proven to be helpful. If you have more questions and would like to discuss the specifics of your case, contact our Lancaster workplace accident attorney as soon as possible.

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

So far in our series, we have provided crucial information to injured workers regarding four errors that could demolish their workers’ compensation claim. In Part III of this series, our Lancaster workplace accident attorney will look at failing to go back to work when approved by the doctor, doing job duties that go beyond the doctor’s recommendations and getting caught doing so, and believing that the workers’ comp adjuster’s average weekly wage calculation is accurate.

Error 5: Failing to Go Back to Work When the Doctor Says You Can Do So Safely

Depending on the extent of your injuries, your doctor may determine that you can return to work in a lower capacity than you were working prior to the incident. This is sometimes a source of contention between workers and employers, as the worker may feel that the suggested job is “beneath them.” However, our Lancaster workplace accident attorney suggests that you return as recommended, as the employer may use your failure to return to a lower position against you to claim that you’re really not interested in getting back to work.

If you truly do not think that you can return to work to perform the duties they’ve suggested, be sure to talk about it with your physician. If he or she still believes that you can do what you’ve being asked to do, then you should go back to work as requested and make note of all pain, discomfort and any other symptoms that may arise at that time in order to follow up with your doctor later so changes to your plan can be made as needed.

Error 6: Doing Things That Go Beyond the Doctor’s Restrictions and Getting Caught on Tape Doing So

It never fails — people always think they can do more than they actually can after an injury. The world we live in lends itself to getting things done quickly and doing it yourself to ensure it happens in the timeframe expected. Still, even if you feel like you’re up to carrying your own groceries into the house or picking up that package that was dropped off by the mail carrier, wait for someone to help you, if necessary. It is not worth risking your health and ultimate recovery.

What many injured workers fail to realize is that they are often being watched by overzealous insurance adjusters who send private investigators out for the very specific purpose of catching and discrediting injured workers doing acts that extend far beyond the recommendations of the doctor. So if you’re alone and tempted to take that long walk down to the mailbox to get a package, don’t do it. Ask for help and don’t let video footage ruin your workers’ comp claim.

Error 7: Believing the Accuracy of the Worker’s Compensation Adjuster’s Calculation of Your Average Weekly Wage

Contrary to popular belief, workers’ compensation adjusters may not properly calculate your average weekly wages. If you believe yours has been incorrectly determined, speak to our Lancaster workplace accident attorney for immediate assistance. The adjuster may have failed to include important numbers, such as overtime hours, vacation pay and other incentives you may receive when making his determination, and we can review all of your pay information to ensure an accurate accounting is made for the 52 weeks prior to the injury.

Our Lancaster Workplace Accident Attorney Can Help You Avoid Costly Mistakes on Your Workers’ Comp Claim

Nothing can be more important than your overall health and safety. If you have been hurt while on the job, contact our Lancaster workplace accident attorney for help with your claim. We want to ensure you get the proper financial help you need during your recovery.