Articles Posted in Workers Compensation

In some cases a third party may be found accountable for the accident that caused your work related injury.　 A separate claim may be made and legal action can be taken against that third party, though your employer cannot be the third party. If your receive damages against a third party, it is subject to subrogated claim.

Things can get complicated if you are one your own. Don’t try and weather the storm by yourself. Contact a local expert Idaho workers’ compensation attorney.

Fred Lewis, experienced Idaho workers’ compensation lawyer

Often in workers’ compensation cases insurance companies require you to be present at certain medical appointments they schedule. These could be an independent medical evaluation or a function capacity evaluation. You are not responsible for the travel costs for these visits. The workers’ compensation insurance company is responsible to pay for the transportation or reimburse your for travel expenses, see Idaho Code 72-432.

There are times where the insurance company will deny your Idaho workers’ compensation claim. To dispute this, you will need to file a complaint with the Idaho Industrial Commission. The time periods are short you cannot delay. This will start the formal legal process to bring the issue to the Commission for hearing and decision. Mediation is also a possible course of action to resolve disputes.　 Don’t go against these insurance companies by yourself. They have experienced attorneys on their side. Contact an experienced Idaho workers’ compensation attorney to help protect you. I offer free case reviews and I am here to help.

No there is no requirement to have legal representation to file an Idaho workers’ compensation complaint. These cases can get complicated and often confusing. Hiring an experienced　 Idaho workers’ compensation attorney is a good idea, so that you may receive proper compensation. Contact me at 208-232-6101 or toll free at 877-232-6101. I offer free case review and will answer any questions that you have about your Idaho workers’ compensation claim.

Even after meeting all the filling and notice requirements income benefits are still subject to a statute of limitations. Idaho Code 72-706, states if income benefits have been paid and discontinued more than four years from the date of the injury, you will have one year from the date the last payment of income benefits was paid to file a Complaint with the Commission for additional income benefits.　 In addition, if no benefits are paid in the first year following the injury, then income benefits may not be due after that year. If you feel you aren’t getting fair compensation contact a local experienced Idaho Worker’s Compensation Attorney.

By Fred J. Lewis

In some cases the mediation process results in a solution to the dispute, but there are times where this is not the case. If mediation is unsuccessful and an agreement is not reached, you then have to spend money on expert witness to testify for you at hearing and begin to develop other facts to win your case. Don’t go against these insurance companies alone. They have their best interest in mind not yours.　 Get the help of an experienced Idaho workers’ compensation attorney. I offer free initial consultations and will answer any question you have regarding your worker’s compensation case. Get the Idaho workers’ compensation benefits you are legally entitled to not, a penny more and not a penny less.

Yes you can choose your own doctor, if your employer has not designated a treating physician already. In an emergency seek the most available medical treatment, regardless if that physician is the one designated by your employer.

When both parties agree to mediate the case, a mediation session will take place. This session will be conducted by a mediator, who will provide information to all parties but will not give advice. Prior to the mediation the claimant usually submits a demand to the defendants. At the mediation the parties both make brief opening remarks so the mediator can understand the issues in the case. The parties then go into different rooms and offers go back and forth with offers and counteroffers until a compromise amount can be reached. If an agreement is reached, it will be put into writing and signed by the parties. My experience is that about 80% to 90% of all Idaho Workers’ Compensation cases settle at mediation. So mediation is usually a good thing.

If no agreement can be reached, no problem, the mediation is not binding. The parties can continue to negotiate after the mediation.　 If no settlement is reached, the case goes to hearing.

The mediation session will not cost either participant. The Industrial Commission does not charge for a mediation sessions, and the Commission pays the mediator’s expenses. Dennis Burks has been the mediator for the Commission for over a decade. He has mediated over 10,000 Idaho Workers’ Compensation cases.