Articles Posted in Workers Compensation

Often in worker’s compensation cases there are three common experts that are used. The physician, functional capacity expert and a vocational expert. These three experts give valuable and important opinions on your case, which is why you will most likely see each one of these experts for both sides.

The first expert that I would like to talk about is the physician. These are skilled professionals who have spent years study and treating the body. They are experts in their field and their opinion can pack a lot of weight behind it when it comes to settlement time. Usually the expert on your side is your treating physician. They have been the one seeing you every week, they did the surgery and the follow up. It seems logical that they would be the leading expert on your side. Sometimes that isn’t the case. In some cases you’re treating physician doesn’t get involved in legal matters and won’t offer his or her opinion. In that case you will most likely be sent to a trusted physician who gives an honest opinion of your cause of injury and impairment. It should be cut and dried right? Wrong! The insurance company has their own expert physician. Their hired gun! Often these doctors won’t give you a fair assessment and will attribute your injury to some other pre-existing condition. They will give you an unfair low impairment, take their fat check. In my years of practice I have seen some physicians give honest fair assessment even if they are getting paid by the insurance company. I have seen it go the other way as well.

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

By Fred Lewis and Mckaid Sheppard

Everyone likes to be knowledgeable about a subject. Ignorance is not bliss, sometimes self-education can make you over confident. I have had a few potential clients ask me questions, glean information about workers compensation law, and then never come back. They have become the expert in their eyes. There is a problem with this. You cannot learn the complex process of Idaho worker’s compensation law in 10 minutes.

I have initial calls or meetings all the time with people inquiring about their situation and asking for advice. This is not out of the norm; most attorneys, along with I, offer free case reviews. The future client often asks about the process of Idaho worker’s compensation claims. They try to get as many details as they can, and then, we never hear from them again. In their minds they have just become the expert after that 10 minute call of meeting. After a brief meeting of me telling them the process and explaining to them the workings of a workers’ compensation claim: they go out on their own to take on the insurance companies by themselves.

By Fred J. Lewis and Jacey Erickson
Following the council of your experienced Idaho worker’s compensation lawyer is absolutely crucial in having a positive outcome in your worker’s compensation claim. It may be the case that your attorney will advise you to take an offered settlement. This is very wise council that you should be heed. You attorney will do their utmost to ensure that you do not walk away empty handed. In JOEL BACKES v. STATE INSURANCE FUND issued by the Industrial Commission of the State of Idaho on February 5, 2016, the claimant held off on accepting the settlement, despite the advice given by his lawyer. This resulted in Mr. Backes only receiving a small fraction of the money that he could have received had he accepted the settlement like his lawyer advised him to do so. This was completely avoidable. Listen to your experienced Idaho worker’s compensation lawyer. If you want a second opinion on your settlement get permission from your lawyer to consult with another experienced Idaho worker’s compensation lawyer and make sure they agree with your lawyer’s opinion on the offered settlement. If you don’t things can go very badly when you don’t heed recommendations made by the experienced Idaho worker’s compensation lawyer.

By hiring a qualified Idaho worker’s compensation lawyer, you can have the peace of mind knowing that the advice you will receive will be in your best interest. Your lawyer will have had years of experience working cases similar to yours and you can be rest assured that you will be able to come out on top.

By Fred J. Lewis and Jacey Erickson
Consistent medical treatment is an essential is critical to the success of your worker’s compensation case. Claimants (injured workers filing a worker’s compensation claim) who do not have continuous treatment for their injuries are most likely to lose their Idaho worker’s compensation case. In LETICIA SALINAS v. OLD REPUBLIC INSURANCE COMPANY issued by the Idaho Industrial Commission on March 4, 2016, the Commission held that the claimant has failed to prove her current low back condition was caused in whole or in part by the industrial accident of May 5, 2011. There had been a two year gap in her treatment. If there is not a continual record of medical treatment that is consistent with the work related injury, then that leaves significant room for speculation. It is very difficult to prove that the claimant’s injury was indeed work related and that they are entitled to Idaho worker’s compensation benefits. The Commission went on to hold that the claimant failed to prove that she was entitled to permanent partial impairment (PPI) and permanent partial disability (PPD). Ms. Salinas was awarded $0. Don’t let this happen to you.
These potential hazards can be avoided by hiring an experienced Idaho worker’s compensation lawyer. They will be able to direct you to appropriate medical care who will then be able to give you the care that you deserve. The lawyer will ensure that all the records are in order, will advise and assure you during this process.

By Fred J. Lewis and Mckaid Sheppard

Just like with everything in life there are things that you should do and things you shouldn’t do, and workers’ compensation is no exception. There are things you can do that can either stream line your claim to favorable settlement or can send it spiraling backwards.

The first do: keep meticulous records. Keeping records of dates, appointments and medical providers can jump start your case to a fast start. Vital parts of most all workers’ compensation case are medical records and billings. If you case is denied you will be demanding compensation for those medical visits and treatment. Having a detailed list and keeping billing and documentation makes it ten times easier to request records and get them in order. Keeping records of work search journal. Having a detailed work search journal can illustrate your disability and you need documentation not just your word. Keeping accurate and detailed records can help your claim be a success.

There are thousands of Idaho attorneys you can chose from, choosing one to represent you in your Idaho Worker’s Compensation claim can be difficult. I would like to give you some pointers in picking the right attorney. First look at their practice areas. Some attorneys get there hands into everything, especially when in a competitive work field. An attorney that only specializes in a few different areas of law usually will be more focused on your case and have more experience. I really practice in only two areas: Idaho workers compensation and personal injury. So when you hire me, you may rest assured that you are in good hands. The next thing is do your research. Look at their credentials, how their peers feel about them, how their clients feel about them. Do a web search of there name, this usually brings up reviews and other pertinent information on the attorney in question. I am blessed to have outstanding reviews.

Lastly, you are hiring an attorney. Just like an employer would make sure they obtain a well qualified employee, make sure you hire an attorney that is right for your case. Ask the attorney about their experience, how many cases they have been involved in and if they feel are confident in taking your case. Ask them what their plan is for your case and how will they achive the goal of getting you the Idaho worker’s compensation benefits you deserve. Why would you pay money to a person you aren’t entirely sure of. Idaho Worker’s Compensation law can get complicated make sure you have the right attorney to guided you through your claim.

I would like to address a scenario that happens frequently in the world of Idaho workers compensation. If you are involved in a work related injury, many insurance companies will try and settle with you for some minuscule amount of money. This is a tactic they use to save them money. Often, these offers are well below the true benefits you are entitled to and don’t give you fair compensation. Before you accept any offer from an insurance company, please contact an expert Idaho worker’s compensation attorney.

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 and don’t let these insurance companies push you around.

Not exactly. There is a common mistaken belief that the workers’ compensation system is your only recourse if you are injured on the job. It is true that workers’ comp is usually your only recourse against your employer if you are hurt on the job. But, if you suffer personal injuries on the job, you may still have a case if the responsible party is not your employer or a fellow employee.

 For instance, suppose you are at work, driving a company vehicle to a job site, when a speeding drunk driver in a Yugo comes up fast behind you. Her brakes fail, and she slams into your rear bumper doing almost 100 mph. You suffer a whiplash injury.

 Because you were on the job at the time of the accident, you are covered by workers’ comp. You will get the statutory damages for your injuries, regardless of whose fault the accident was. But workers’ comp payouts in Idaho are often not enough to fully compensate for personal injuries, so your lawyer may want to investigate whether there are other parties against whom you can make a claim. He will probably want to file a suit against the driver, who was negligent for driving drunk (and for driving a Yugo), and maybe against Yugo because of the brake failure. The workers’ comp laws do not prevent an injured employee from filing either of these suits.

If your work related injury is so severe that you have restrictions given by your doctor or your just thinks it is a bad idea for you to travel alone to the IME and you are required to have a companion accompany you for your medical treatment/condition, then yes that companion can be reimbursed for his or her expenses.

There are a few outcomes that can occur if you decide not to settle. Your medical benefits will remain available, as well as your income benefits may be resumed if you are disabled again by your work related injury.　 There is a possibility to the surety may settle for a lesser offer if you decide to settle at a later date. If you have questions about your settlement or potential settlement contact a local expert Idaho workers’ compensation attorney.　 Call me at 208-232-6101 or toll free 877-232-6101, I will answer all your questions and help you decided on the best course of action for you and your case.