Once your injury has been reported to the Division of Workers’ Compensation, your case will be assigned a number. Your employer's insurance carrier will also assign a number to your case. These two numbers are separate and both should be on all documents relating to your case, either in correspondence to this office or otherwise.
The insurance carrier will either admit or deny liability for your injuries and once liability is determined, the amount of compensation will be determomed per your average weekly wage and authorized payments should begin. Your compensation payments should be paid approximately every two weeks, but this may vary by several days. This payment is called temporary total disability and is generally 66 2/3% of your average weekly wage. Once an attorney has been retained to represent you, all contact with the Division of Workers’ Compensation or the insurance carrier MUST be made through this office. The insurance adjusters and the Division of Workers’ Compensation employees are not authorized to discuss your case with you once you have retained counsel. It is imperative that this procedure be followed and can be detrimental in the event it is not.
If there are any questions regarding payment of your medical bills or compensation being paid, a hearing may be requested and approximately 3-4 months after requesting a date, an attorney will appear before the Office of Administrative Courts to determine the matters in question. The case-loads of the Hearing Judges are extremely heavy and it takes quite some time to set hearing dates. Hearings are not easily cancellded and reset, therefore it is imperative that you be available on the date of your hearing.
Once an attorney is retained, the attorney will notify your employer's worker's compensation insurance company that you have retained us as your attorney and will request a copy of the adjuster’s file, including any statement you may have made. Letters are sent to parties involved in the case, notifying them that you have retained an attorney to represent you. Letters may also be sent to people with whom you have incurred bills as a result of this injury, advising them of our appearance in the matter and requesting payment from the workers’ compensation insurer. This is done because many medical providers are willing to wait for payment of their bill if they have reason to do so. Any necessary information from the Internal Revenue Service,employers, schools, or other persons will be obtained. If necessary, an investigator will be hired by your attorney to assist in your investigation.
It is important for you to know that most cases are not settled until the exact nature of the injured workers’ medical condition has been determined and all investigation has been completed. It generally takes several weeks to gather all information necessary and, in some cases, it is impossible to obtain the necessary medical information because the doctor cannot answer many questions until treatment has been completed. An injured worker may have to wait more than a year from the date of the accident before we can receive a final medical report from your doctor about your medical condition.
The insurance carrier has a right to have you examined by a physician of their choice. The insurance company will pay the cost of this examination and a report will be prepared and submitted to the insurance company about the doctor's findings and his opinions concerning your injuries.
After you have hired an attorney to represent you, we have the following suggestions:
- Do not discuss your case with anyone other than your attorney or your doctors.
- Do not sign anything with respect to your claim until you have checked with your attorney.
- Obtain a receipt and keep a record of all medications, appliances or other items incurred out-of-pocket as a result of your injuries. Provide these recepts to your attorney to request reimbursement from the insurer.
- Notify your attorney at once of any change of address, employment or any other fact that you think might affect your case.
- If, you miss any work because of your injuries, notify your attorney immediately. Keep track of your work days missed due to injury on a calendar, so the days can be recalled later if necessary.
- If you have to go to the hospital notify your attorney immediately.
- Please keep track of your mileage for travel to healthcare appointments. You can be reimbursed for your mileage, which must be periodically provided to your attorney and they will forward to the insurer for direct reimbursement.
When you are hurt on the job, you need a lawyer who has the experience to represent you against insurance companies. The lawyers at Clawson & Clawson, LLP, zealously advocate for you in court. Take the opportunity of a free consultation with Clawson & Clawson LLP, to discuss your case.
Call us now at (719) 634-1848 or fill out the online contact form below for your free consultation. We look forward to hearing from you!