Category Archives: Workers’ Comp’ Basics

Is It Time To See A Doctor?

Posted on February 6, 2012 by Rod Rehm

In pain? Don’t put off seeing your doctor.

Today’s guest post comes to us from our colleague Matt Funk of New York.

Putting off seeing medical care is commonplace for chronic medical conditions. Under the Workers’ Compensation Law there is no timeframe for a claimant to see a medical provider. There is nothing in the law that requires a worker to see his doctor within 24 hours or 30 days of the accident. However, the sooner an injured worker sees a doctor, the better, especially if that worker is losing time from work because of the accident. A Law Judge will only grant awards for lost time that is backed up by medical reports.

That means if a member is out of work for three weeks before they go to a doctor, it is possible that Workers’ Compensation benefits might not be paid during that time period. In order for a claim to be successful in this situation the report that the doctor submits must have several things on it:

It must contain the history of the accident,
diagnoses a condition,
explain how the condition is related to the on the job incident, and; Continue reading →

Don’t Get Short-Changed On Your Work Comp Disability Payments

Posted on January 26, 2012 by Brody Ockander

Home from work due to a serious injury? Make sure you get your due TTD benefits.

In Nebraska, workers’ compensation law entitles you to 2/3 of your average wages when you are off work because of an injury. This average is based on your wages the 26 weeks before you were injured. This is known as temporary total disability (TTD).

How TTD Works:

If you are an injured at work, you are entitled to TTD so long as you are under a doctor’s care, that doctor has you on work restrictions preventing you from working, and your doctor has not placed you at maximum healing for your injury.

While off work for your injury, make sure you are getting the proper amount of money you are entitled to. Employers use many techniques to manipulate your wages to pay you less than you are legally entitled to.

Improper ways your Employer “miscalculates” your average wages to pay you less:

Including weeks you worked minimal hours, short weeks, Continue reading →

13 Tips for How to Deal With A Difficult Doctor (Part 2)

Posted on December 5, 2011 by Roger Moore

Two weeks ago, I shared a post with some tips for workers’ compensation attorneys on how to deal with difficult doctors from my colleague Len Jernigan. In this follow-up post, I’ll share the remainder of Len’s ideas on how to take matters into your own hands when you are having trouble working with the doctor on your case. As with all medical matters, being an informed patient is at the core of these tops.

(8) Explain case procedure and why you are there.

Unfortunately, I had the experience of walking into a deposition once and the first question from the physician was “What’s going on here and what’s this got to do with me?” Just prior to a deposition is not the time to be answering this question. Some physicians have never had their depositions taken before and they are unnerved at the prospect. Explain the process and explain the necessity for medical testimony.

(9) Ease tensions.

Behind every physician-patient relationship there is the potential for a medical negligence claim. Ease that fear by Continue reading →

Can Facebook Affect Your Workers’ Compensation Claim?

Posted on November 14, 2011 by Brody Ockander

Follow a few rules of thumb to stay safe on Facebook.

More than likely, you’re on Facebook if you are reading this. If you are not, the chances are very good that you know a close friend or family member who is on Facebook, MySpace, or Twitter.

Most of us never think twice about what we post on these social media sites. However, depending on the privacy settings of your profile, anyone may be able to see the status update on your wall, the photo of you at a wedding, or whatever job you are currently in. That “anyone” could be the defense lawyer or insurance adjuster if you are currently involved in a Workers’ Compensation action.

Depending on your privacy settings, anyone may be able to see the status update on your wall, the photo of you at a wedding, or whatever job you are currently in.

“What do I have to hide?” you ask. Well, often times these status updates, photos, or wall postings may be misunderstood or taken out of context. For example, a status update stating “Just got done mowing the lawn” might not look very good to someone that is off work for a back injury, and it would be hard to explain that even though you mowed the lawn, it took you two pain pills to do so and caused you extreme suffering later that night that you couldn’t even sleep the price you paid in mowing that lawn.

Here’s what you can do to avoid some pitfalls from Facebook:

Adjust your privacy settings so that only your “friends” can see your status, wall, and photos. Continue reading →

Should I report my work injury? I don’t want to get fired!

Posted on November 10, 2011 by Brody Ockander

In Nebraska, being fired for reporting your injury is against the law.

Many Nebraskan workers that have been injured on the job have probably had similar thoughts given today’s economy. However, there are protections for injured workers from getting fired for reporting a workers’ compensation injury. In fact, if you are fired for reporting a work injury, you may be entitled to damages as a result of your termination.

Nebraska is an “at will” employment state. In other words, you may be fired for any reason unless you have an employment contract or you are fired in a discriminatory or retaliatory manner.

You may also be able to recover damages from your employer for being fired for retaliation from your employer.

For example, most people know that you cannot be fired on the basis of: Race, Religion, Ethnicity, Disability, Age, or Gender. If you are fired for these reasons, there are Federal and State laws to allow you to sue your employer.

On the other hand, not everyone knows that you may also be able to recover damages from your employer for being fired for retaliation from your employer. Continue reading →

Your employer knows you but does your lawyer?

Posted on October 21, 2011 by Brody Ockander

Is your employer using surveillance?

Many employers or the workers’ compensation insurance companies will go to great lengths in order to avoid paying for an injured worker.

For example your employer will scour your past medical records for any tid-bit that might show a preexisting injury to give even the slightest reason to deny your claim. In addition, employers and insurance companies will often go beyond simply looking to your past medical records for a reason to deny your claim. In addition, they may look to deny your claim through the use of surveillance. As a result, it is imperative that you know what they might be looking for and also that you let your lawyer know everything (especially the unfavorable stuff) about your claim.

It is not uncommon for adjusters or defense lawyers to hire private investigators to follow you around without your knowledge

Video Surveillance

It is not uncommon for adjusters or defense lawyers to hire private investigators to follow you around without your knowledge. The investigators will hide for hours and take videos of you in public places hoping to catch some footage of you lifting something beyond your restrictions or engaging in an activity that your doctor might see as questionable given your injury. Although perfectly legal, these investigators often take hours and hours of video footage in what would seem like semi-private places or moments: weddings, grocery store, swimming pools, parks, getting in and out of your car, even your own yard. Most courts will even allow such footage as evidence in a workers’ compensation case.

Online Surveillance

Similarly, many employers and insurance companies have taken to the internet in search of another way to deny you workers’ compensation benefits. Blogs, message boards posts, and even social media websites (Facebook, Twitter, MySpace, etc.) could all be fair game: this includes past or present postings. Continue reading →

Truckers are often entitled to benefits from multiple states.

Posted on October 13, 2011 by Rod Rehm

Truckers are frequently entitled to benefits from multiple states for an injury.

Each state sets rules for applying its workers’ compensation laws. Virtually all states cover accidents that happen in that state.

Many states allow benefits if the employer has it primary location in that state. Others cover claims if the employer is doing business it the state. There are different rules in each state and you should talk to experience workers compensation lawyer to learn what laws cover your injury. However, you do not have to make a choice.

Unless the state law says it will not provide coverage if another state does, you have multiple forums and can file in all of them.

The law established by the United State Supreme court in Thomas v. Washington Gas Light Co. is that compensation does not involve a “choice of law” question. The issue is one of coverage. Does the injury come within the coverage of one or more state? If so, each of the states can apply their law and award benefits even if a claim is being pursued elsewhere at the same time. Unless the state law says it will not provide coverage if another state does, you have multiple forums and can Continue reading →

When Do I Need an Attorney?

Posted on October 10, 2011 by Roger Moore

A good attorney will tell you if it makes sense to work with one.

Most of our clients are hesitant to hire an attorney. We’ll tell you right from the start if we think we can help you or not. However, there are some commons signs which we feel warrant having an attorney or at least consulting with one.

The insurance company tells you your claim is denied. This isn’t always clear, but if your medical bills aren’t being paid or you’re off work and not receiving temporary disability checks these are indications the claim may be denied.
The company is trying to pick your doctors for you. In Nebraska, you have the right to elect to have your family doctor treat you for your work injury. If the employer denies you this right it’s time to contact an attorney. Also, if the employer selects a non-treating doctor for an “Independent Medical Evaluation” this likely means they are trying to fight some aspect of your workers’ compensation benefits.
If a medical case manager or vocational specialist Continue reading →

Workers' Compensation Watch

Published by Rehm, Bennett, Moore & Rehm

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Category Archives: Workers’ Comp’ Basics

Is It Time To See A Doctor?

13 Tips for How to Deal With A Difficult Doctor (Part 2)

Should I report my work injury? I don’t want to get fired!

Your employer knows you but does your lawyer?

Truckers are often entitled to benefits from multiple states.

When Do I Need an Attorney?

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