by ned » Fri Dec 30, 2011 11:48 am
Each state has its own workers compensation laws so you are going to have to look up what your states are. Most states have a waiting period before you can switch to a doctor of your choosing. You cannot go to one before that time period is finished. So this is the first thing that you have to check on. The next is you want a lawyer that only does workman's compensation cases. Some lawyers will attempt to do cases when it is not their specialty. What then happens is you get mistakes by the lawyer and unfortunately you are the one that pays for those mistakes. If your state allows you to switch doctors and it was in the proper time frame then it is going to be up to your lawyer to pursue this in front of a judge. Often insurance companies attempt to bully their way and if you are not represented by a lawyer or if you are represented by a lawyer that doesn't specialize in workman's compensation cases they can run over you. If your doctor has evidence that the injury is real and has documentation of such then you stand a good chance of winning your case. In that case the insurance company will have to cover all expenses and if surgery is necessary that will also have to be covered. One other thing that is extremely important in this is if you have all of the documentation of the injury and a copy of the incident report that was filed. If this was not filed you may have problems because the company can state that the injury never happened at work. Again make sure that your lawyer specializes in workman compensation cases and nothing else.