Articles Posted in Workers Compensation

The third is being rude or demanding. Many people don’t think about this, but your attitude can change everything. A work injury will turn your world upside down. You are going to be upset. You are going to be angry at times during the process. However, if you go into a deposition with the insurance’s attorney and get upset, rude and irritable with them, they may be less likely to settle with you. These are the people who are going to give you money, so be nice to them. You can be firm about your injury but don’t lash out at them. Be as pleasant as possible. Dress professional and be polite. This goes with our medical providers as well. If you are good patient and they like you, they may be willing to help you. This saves money on expensive experts and will further increase the value of your case.

The second is stating you are better before you actually are. Times can be hard. Financial peace is a factor on everyone’s mind. If you are injured at work, you often want to get back as soon as possible. You know that the longer you stay off work, the higher your chances are of being fired. You have a family to provide for and feed and you need an income. After a few weeks of recovery, the insurance company may bring in something to sign asking if you need more medical attention or if you are fully recovered. Don’t ever say you are fully recovered. You let trained medical professionals make those decisions. You don’t know if in a few months you will need surgery or further treatment, and if you signed a document or state that you are fully recovered, you can be sure it will be used against you come settlement time. Be careful. Just allow your body to tell when you can return to work and just see how it goes. After the worker’s compensation insurance company pays benefits you will have time to see how you do. Be patient.

By Fred Lewis and Mckaid Shepard

Worker’s compensation cases are all about getting you fair compensation. There are ways you can really hurt your own claim. Don’t do it! There are three things that you should avoid in relationship to your worker’s compensation claim.

The first is inconsistency. Your creditability is key in your worker’s compensation case. Dates and descriptions of accidents are important. Not knowing how or when you got hurt can severely hinder your worker’s compensation case and cause you to settle for less. I’m sure you can see how reporting a date for your accident and then later changing it looks really bad. Mistakes happen, wrong dates can be reported. That necessarily won’t be your Achilles Heel if you described the accident accurately, but it can hurt. Be honest with your employer. Never exaggerate to make your injury sound worse. Doing this can come back to bite you.　 The best way to ensure that this doesn’t happen is report an injury right away. Don’t wait until it gets worse or say you will do it next week: report it right after the accident. Doing this will avoid a potential drop in value to your worker’s compensation case.

By Fred Lewis and Mckaid Shepard

Let’s first talk about yours and your attorney’s point of view on your Idaho worker’s compensation case. You and your Idaho worker’s compensation attorney, want the best possible outcome for your case. This means having good health care so you can recover from your injury and have all your medical bills paid, have your wage loss covered, your rating impairment paid, and your disability paid resulting from a work related injury. It isn’t about trying to get more money and sticking it to your employer. It is all about getting honest and fair compensation that you are entitled to.

The next point of view is your employer’s insurance company. They are there to protect the employer and pay out the compensation to you. They want to see the dollar amount low. They don’t want to pay out large sums. They want to save money where ever they can.

It seems spring as finally arrived and with hints of summer in air. Summer is a busy time for the industrial field. Many companies shutdown for a few weeks and bring on a small army of temps and contractors to get their facility back up and running smoothly. To all those welders, iron workers, fabricators, laborers and carpenters: be careful. Industrial construction can be a dangerous business. I have seen many clients get severely injured due to a industrial construction accidents. Often these injuries are quiet serious, so be cautious. Often companies have protection against accidents such as work permits, HASPs, training and lock out tag out procedures. These precautions can help protect you, but they won’t stop every accident. You are the best safety precaution. Be alert, pay attention and plan ahead, doing these, even with the simplest of tasks, can reduce the chance of injury.

Most contractors or subcontractors are required to carrier their own worker’s compensation insurance. Let’s say you get injured and the contractor you work for doesn’t carrier worker’s compensation insurance you still may be covered. Idaho code 72-216 states that the employer of the contractor or subcontractor, who has complied with Idaho worker’s compensation law, is liable for the compensation of an employee of that contractor or subcontractor. If you aren’t sure if the contractor you work for has insurance, ask them.

If you were injured and feel you aren’t getting fair compensation contact me. I can help you get fair compensation. I have been representing injured workers in Idaho for 28 years. I have the experience and knowledge to assist you in your claim. Idaho worker’s compensation claims can be tricky to navigate, don’t do it alone. Get the fair compensation you deserve.

I have clients get frustrated and upset with how long their Idaho worker’s compensation case is taking. They see it cut and dried and should get compensation for their injuries. However, the Idaho worker’s compensation system is much more concerned for getting the case done right through a sometimes inefficient system litigation process than they are about getting it done fast. This puts a huge burden on the client and I know they have financial struggles and hardships brought on them by these injures. Waiting for compensation can seem like an eternity. Unfortunately Idaho worker’s compensation cases don’t just get settled over night.  I wish it could happen that quickly and some cases do settle fast but most don’t. They take careful planning and preparation, which can take time. Also it can be a tactic by the insurance companies to delay and delay. They make the claimant desperate and willing to settle for anything they offer the claimant. Don’t let them do this to you. Don’t let them starve you out. We are here to help make your worker’s compensation case go easier and quicker. Give us a call we are here to help.

We all know that person that seems to get hurt every other month. They can be adrenaline seeking junkies, extreme sports fanatics, a clumsy friend or just an unlucky person. I have represented many of these people over my years as an Idaho worker’s compensation attorney. I have had clients injure an arm or a leg and a month later injury that same arm at work. I have had clients get injured multiple times while they are in the process of settling their Idaho worker’s compensation claim.

I bring this point up to reassure individuals in these situations that there is still hope. These clients of mine ended up receiving fair compensation. Did it complicate matters that they had an injury a few weeks early to the same body part? Yes it did, but that should not be a deterrent for you for getting fair compensation. Contact an experienced　 Idaho worker’s compensation attorney and the get the help you need. I offer free case reviews and have been practicing Idaho worker’s compensation law for more than 27 years. I can help you get fair compensation. Put me to work for you today.

Our firm has a varied, injury based practice. We handle workers compensation claims, automobile accidents, trip and fall accidents, products liability claims and brain injury claims An individual is struck and permanently disabled by an automobile on the job may well have several claims to bring: a Worker’s Compensation claim, a claim against the negligent driver, a claim against his own automobile insurance Company, a claim against a disability plan, and, finally, a claim for Social Security disability benefits. Our experience and expertise across these various types of cases can be very important when a particular accident leads to two or more claims. There are often offsets between the various claims. You need an experienced Idaho firm that handles all types of claims. Don’t go it alone let us help.

The last expert typically involved in a worker’s compensation case is the vocational expert. These are individuals that are trained in evaluating a earning capacity, wage loss and geographical work availability. I’m sure by now you get where I’m going. Two sides usually means there will be two reports, which never agree.

Don’t accept the opinion of the vocational expert hired by the insurance company. Fight back! Hire an experienced Idaho worker’s compensation lawyer. We will help get you to a vocational expert that will tell the truth about your disability and support your claim for disability. Call us we are her to help!

The functional capacity expert is the next expert. Usually this is a physical therapist that will put you through various tests to determine your work ability and restrictions. As with the case of the physicians, often there will be a functional capacity evaluation on your side and on the insurance company side. Meaning your doctor sent you to one and the insurance company sent you to one. There are honest physical therapists that have years of experience that I know give fair evaluations. The insurance company doesn’t want to take their word though; they would rather have an evaluation that says you are just fine and have the same work capability as you did before the accident. I have had clients go to functional capacity evaluations requested by the insurance company, and they come back hurt because the therapist over exerted them: just to get the results they were paid to get. Nothing makes my blood boil more than a so called medical professional that would jeopardize an individual’s health for money.

Don’t accept the opinion of the physical therapist hired by the insurance company. Fight back! Hire an experienced Idaho worker’s compensation lawyer. We will help get you to a physical therapists that will tell the truth about your restrictions and support your claim for disability. Call us we are her to help!