Copyright 2018 Hyland + Padilla, PLLC

All Rights Reserved | Privacy Policy | Sitemap
Site by Digimatiq Marketing, Inc

8:30 AM - 5:30 PM

Open Mon. - Fri. With 24/7 Live Answering


Call Us For Free Consultation




10 Tips When Filing Worker’s Compensation Claims

10 Tips When Filing Worker’s Compensation Claims

The most important tips to remember when starting a worker’s compensation claim

When you are injured while on the job, it can be a stressful experience understanding what may happen next. Without being able to work, your mind may focus on the practical next steps after a work injury. You may wonder how you bills will get paid or how much work you might have to miss. The added financial stress associated with being hospitalized is often more concerning to victims than their own health.

Tip 1- IMMEDIATELY report your injury. Not tomorrow, not later, but now. The quicker you start a paper trail documenting the injury, the better chances you have of showing it as a serious injury worthy of serious medical attention. There are also strict filing deadlines to remember. Consult a legal professional for more information.

Tip 2 –  Get Medical Attention. Again, the point here is to document your injury and the opinion of a qualified medical professional. This helps prove the scope of the injury with official medical records.

Tip 3 – Consider changing Doctors – In some states, you must be treated with a doctor chosen by the insurance company. This is fine, but, it’s important to seek a 2nd opinion from a neutral 3rd party (AKA – your own doctor). The basic fast that the doctor is working for the insurance company presents a conflict-of-interest and may hurt your chances of filing an acceptable claim.

Tip 4 – Understand your options – This is a great time to make your first contact with a legal professional. You want someone working for YOU, not your employer or your employer’s insurance company. Depending on your individual circumstances, you may have options, including temporary and permanent disability, medical treatment, vocational rehabilitation & mileage compensation for medical visit travel.

Tip 5 – Be prepared for Independent Medical Exams

Independent Medical Exams (IME) do not focus on treating your injury. These exams are often required by the insurance company using a doctor they hire to issue a report on your medical records, and the relationship between your injury and the type of work you do. Many times, IME’s are scheduled when the insurance company wants to reduce or terminate your benefits, so it’s important to prepare by reviewing your medical records.

Tip 6 – Beware of private investigators. Even in cases where the injury claim is relatively straightforward, the insurance company may hire a private investigator to make sure you are actually injured. For example, if a PI gains footage of you lifting a package off your porch when your doctors tells you not to lift anything over 5 pounds, it can be used against your claim. There is much to dispute there (how much did the package weigh? Did you double over in pain afterwards?) If you think you are under surveillance, it is in your best interest to speak with an attorney immediately.

Tip 7 – Keep detailed records of everything. Every doctor visit, every phone call made, including letters from your employer, accident reports & work restriction slips.

Tip 8 – Consider appealing denied claims. Insurance companies are for-profit businesses, meaning their goal is to make a profit. Claim denial is the main way they keep their costs low enough to make money, and they do it effectively. However, it’s not always the end of the process, as an appeal can indicate the seriousness of the issue. Many times, denied claims that go through appeal end up receiving at least some worker’s comp benefits.

Tip 9 – Attend all scheduled proceedings. Absence from such a meeting means risking immediate loss of your benefits. Your workers’ comp attorney can attend in your place in many cases, but for some legal proceedings, you will be required to be there in person (such as the deposition or IME).

Tip 10 – Consider hiring an experienced workers’ comp attorney. You many not need to seek out legal advice if your claim is relatively simple, but you may way to if the insurance company reduces or denies your claim, makes a low settlement offer or ignores your claim or requests for information.

For more information on our workers compensation services, please call our office to schedule an appointment with one of our attorneys today!

Want To Discuss Your Situation With Our Attorneys? Get A Free Case Evaluation Now

  • Carolyn Hunter
    Carolyn Hunter

    Mr Padilla is extremely helpful with your personal injury. His staff is great. I wouldn't go anywhere else. I have worked with Mr Padilla several times over the years. He is a wonderful caring attorney. He will go all out to make his client happy. He will get you resorts. Call him today with your legal needs. I DID!

  • Salik Jennings
    Salik Jennings

    Working with them I found it to be extremely pleasant. I highly recommend their services!

  • thanks Hyland padilla for your help . Very happy and great full with the results . Thank you for helping the Hispanic community very happy with the results blessings. Andre and Stefani did A great job

  • Sean Bann
    Sean Bann

    I would recommend this law firm to anyone needing help with personal injury or Workman's compensation claim, my attorney's name is Mrs. Andrea Fowler and her assistants name is Stephanie and I can tell you for a fact that they both will go above and beyond to make sure that your claim is handled professionally and that the outcome is the best you can get in your favor. Thanks so much for helping me with my cases.

  • Andrea Mcrae
    Andrea Mcrae

    Hello I would like to say that I’ve Been a client of Andrea Fowler for Years, and I can truly say she is very Professional and she is someone That will help you over many hurdles in life. She has been there for me and My family. She will get the job done and done the RIGHT way. She and her team Has been AWESOME!!! When LIFE hits you, you can depend on MS ANDREA Fowler. She will FIGHT For you. So no worries give her and Her team a call and they will listen To your needs and help you. Thank you, ANDREA MCRAE

  • I have a claim on 2009 cover for John Padilla, and he do the best for my intereses, I have opportunity to recommend to others friends of mine, and they have a very satisfactory experience with his firm and his team. Even right now I'm in the middle of a case, and I feel very confident because John Padilla is covering my back Thank John for be a exceptional lawyer, respectful, friendly and professional in you own Gracias John

No Comments

Sorry, the comment form is closed at this time.