Feb 12, 2018 | Workers' Compensation
If you weren’t aware, the amount of money you receive when you’re on workers compensation, is only 2/3 of your average wage. So, less money means a bit more budgeting. But, what can you do while injured to make sure that your financial goals are still met? And how can you earn a little more money to make sure you can still live comfortably? Well, we’ve got a few tips for saving money while on workers comp. Obviously everyone’s situation and injury is different, so you’ve got to find what works for you!
Saving Money and Making More While on Workers Compensation
First things first, plan ahead of time
I know if you’re already injured this might not be particularly helpful, but, use it as your motivation for creating a deeper savings account just in case. It doesn’t have to be with anything in mind, but more as a means of ‘just in case’. Plus, if you never end up needing it— that extra money can be a great retirement bonus, or even take you on a vacation. Saving, is never a bad thing.
Cut unnecessary costs
The best way to save money is to cut those unnecessary costs we all have. From Pandora, to Burger King, to Hulu, to Subscription boxes— we all know there are a few ‘fun costs’ we could let go of if need be. Take a bit of time, write them all down, and see what you’re willing to part ways with. It doesn’t have to be forever, just until you get your financial situation back to comfortable.
If you’ve been thinking about getting rid of a few things, now’s your time
You’ve got some extra time on your hands. Maybe use a bit of it to list those items up for sale that have been sitting in the garage. No one needs two push mowers and a riding lawn mower. If you have unwanted items, there are a ton of resources to help you get rid of them. It clears out your clutter, and gives you a little extra money to work with.
Master the art of couponing
Couponing for when you shop, if you weren’t aware, can save you a ton of money. It’s amazing how much money you can save if you really put your mind to it. I’ve even heard of some people getting money back at the register after all the coupons have been run through. Take a look at the process, while it’s a lot to handle— it’s a fantastic means of saving money.
Find ways to stash extra cash
Whether your method be pet sitting, house sitting, or driving for Uber— there are plenty of ways for you to ‘work’ when you aren’t on the job. Depending on your injury, you might have a few limitations. So, put your mind to it and see what you can come up with. There are plenty of ways to make some extra money if you really need to. We wish you luck in your time with workers compensation.
Feb 8, 2018 | Workers' Compensation
If you’ve recently filed a workers comp claim and it has been denied, I’m sure you’re wondering why. Workers comp claim denial can come about for a number of reasons. Maybe they had a valid reason, maybe they did not. But, your first step, is to rule out any of these potential factors before you pursue another claim or legal action. Following, you will find a list of common reasons for denial of a claim. You might feel that you’re entitled to compensation, and you likely are. But, there could be many factors working against you.
Common Reasons for Workers Comp Claim Denial
You waited too long
Depending on your state, there is a time limit on filing a workers comp claim. The most common time limit is that of thirty days. While you should file a claim and the time of the initial injury, waiting more than thirty days after the fact can severely hinder your changes of receiving compensation. It might also open you up to the possibility of being accused of filing a fraudulent claim. While your injury is very real, waiting to treat it can make those in charge of your claim question it’s integrity.
You were under the influence
Another reason you might face workers comp claim denial, is if you are under the influence of alcohol, or drugs. When it comes to drugs, particularly marijuana— it stays in your system for some time after you use it. So, even if you were not under the influence at the time of the accident— it is still present at the time of the test. Therefore, they have no obligation to treat your injury or pay your claim.
You did not receive medical records
Say that you’ve decided to see a doctor. You will need to provide a medical record before taking the claim any further. It is very easy for your claim to be denied. It is also very easy for the insurance company to claim that you’re faking your injury when there is no medical record of the injury. Your best bet is to see an approved doctor. Make sure that when you do so, you tell them you were injured at work. Lastly, do not leave without documentation of your injury.
You did not receive treatment from an approved provider
Your company’s insurance likely can only operate within a certain network. Same goes with the workers comp system. If you received treatment outside of the approved providers, they might not reimburse for any treatment. Being that they cannot bill it through insurance, or the workers comp system— it is easily escapable.
Your employer says the claim is false
It is not uncommon for an employer to dispute a claim to avoid paying out. They could claim the details are false, you got your injury outside of work, or any number of details. If they feel you’re missing a step, they are likely to capitalize on it. Your best bet is to receive surveillance footage. Or, make sure other coworkers are aware. Even take witnesses if you have them— and contact a lawyer. We would hope any injured party can file an injury claim in a breeze. But, unfortunately, sometimes that is just not the case. In the event that your employer is disputing a claim you know for a fact is not false, it might be time to seek a lawyer.
Feb 7, 2018 | Workers' Compensation
If you’ve been injured on the job, it’s time for you to take some action. We know you’re hurting, worried about being out of work, and trying to figure out your next step. It is not uncommon for someone injured on the job to try and handle it on their own. Most people, especially those in a tighter financial situation, will ignore the injury and continue to work. But, we’re here to tell you what to do, and what mistakes are most common for those seeking workers compensation. That way, you can receive proper compensation, and have the time to heal.
Injured on the Job: Common Workplace Injury Mistakes
Deciding to hold off on reporting the injury
If you’ve been injured, it is important that you file a claim as soon as possible. Think about it, a workplace injury is costly for a business. They likely try to avoid paying out as much as possible. Especially if you work for a company with low-morale. So, by reporting as early as possible— preferably at the first sight of injury, you are more likely to not face backlash or debate over compensation.
Deciding to only disclose the main injury
So, you’ve broken your leg. So, you report that and receive treatment. But, you’ve also received some pretty severe back pain from the fall. Because the leg injury was the clear, and obvious thing to fix— you’ve disregarded the back issues. But, not claiming that injury until after the fact can be pretty counterproductive. For starters, not reaching out to receive treatment as soon as possible hinders the healing process. But, it also can come across as a bit fishy to those worker’s comp people. Even though your injury is very real, and very painful— you run the risk of coming across as filing a fraudulent claim. In short, claim early and at the same time.
Returning to work too early
Many people will make the mistake of returning to work before they’re back to where they were. Depending on the company you work for, they might require you to sign something saying that you are back to 100% and have no further injuries. The problem with signing something like this, especially if you return while you’re still nursing the injury, is that you’re likely not back to 100%. You could still use physical therapy, a routine check up, cast removal, and so on. If you sign something saying that their end is all set and you are no longer hurt— it could potentially cost you a lot of money and headache.
Taking on too much, too fast
This one goes hand in hand with returning too early. You’ve sustained quite an injury. Getting back to full functionality, and the entirety of your job description might take some time. Your employer will likely compensate for this, and help where they can. But, there is the chance that they might not. Communicating your position, what you can handle, and how you need to process to go on your end— is vital to ensuring a safe, and healthful return to the workplace.
Jun 10, 2017 | Workers' Compensation
So where do you go to search for the top workers compensation lawyers? While you have to decide who is best for you, we invite you to compare our credentials and experience.
Top Workers Compensation Lawyers
Since starting his workers compensation practice over 28 years ago, Robert Reeves has committed himself to excellence. Consequently, he recently accepted an invitation to join The Workers Compensation Trial Lawyers Top 25. While an important honor, making a difference in his clients’ lives is his best reward. Hence, he treats every client and every case as a new opportunity to help someone in need. And if you hire him, he promises his very best efforts on your behalf. So what does he offer in experience?
Since graduating from law school in 1989, Mr. Reeves started handling workers compensation cases. While he began his career as an insurance defense lawyer, he has represented injured workers for over 20 years. However, his experience as a defense attorney now helps him fight insurance companies. In addition, Mr. Reeves is also a former Registered Nurse (RN). Because he has personally treated serious injury, he understands what you are facing. As a result, he can explain your medical treatment and reassure you everything is going to work out. After all, we want to be more than just your lawyer. And after almost 30 years, we have handled literally thousands of cases and helped families just like yours.
So Why Hire Our Firm?
In addition to our credentials and extensive experience, here is what else we offer. While it is usually difficult to reach a lawyer, every client has our personal cell phone and direct email address. That’s right. You can actually call or email our lawyers when you need them. Since we know the anxiety you are feeling, we want you to call us when you need us. Because a few answers can help, we promise to be there even after hours. And that’s just what you should expect from the lawyer you hire.
Mar 25, 2017 | Uncategorized, Workers' Compensation
Change of Condition in Workers’ Compensation
Sometimes injuries get worse over time after your doctor releases you from care. And if you do get worse, workers’ compensation allows you to ask for additional medical treatment. But this can be difficult to prove sometimes. However, the new case Russell v. Wal-Mart shows what is necessary to prove a change of condition.
What Happened Here
Russell, an assistant store manager, worked at Wal-Mart for more than ten years. While lifting something at work, she injured her lower back. Because she was pregnant, her treatment was conservative with no diagnostic testing. However, after having her baby, Russell had an MRI scan. Earlier, her doctor did not recommend surgery. But several months later, that changed and Russell alleged a change of condition and new symptoms. Although the single Commissioner awarded additional benefits, the Full Commission reversed. Rather, they found her testimony “conclusory and self-serving.” Instead, they wanted to see more medical reports and tests to prove her claim. So they denied her claim for more treatment.
On appeal, the Court of Appeals reversed again and found you can prove a change of condition based on testimony. Further, the Court held you can prove your case even without medical tests and reports. Hence, the Court ruled the workers’ compensation Act does not require proof of a certain kind. Because courts have made awards based on both subjective and objective proof, either will do. Therefore, courts cannot ignore any one type of evidence.
So What Does It Mean?
Perhaps now it will be easier to prove a change of condition claim. After all, the goal in every workers comp case is full recovery. However, that is not always possible if seriously injured. And although you still need medical evidence, testimony is now also helpful. In addition, the Commission should give a claimant’s testimony more weight. Of course, the testimony must be credible and trustworthy. But now, getting more medical treatment is easier now. Given the restrictions of workers compensation, medical care is the most valuable part of any claim. Because the laws are so complex, it is important to hire an experienced workers comp attorney to help you. While we hope you never need us, we are here if you do. Call now and let’s start your road to recovery.
Mar 8, 2017 | Uncategorized, Workers' Compensation
Maximum Medical Improvement (MMI) and Disability
While you are still in treatment, you cannot resolve your workers compensation claim. Rather, you must be released from care and at maximum medical improvement. Because this phrase has both medical and legal significance, we discuss it more here. The recent case of McMahan v. SCDOE shows how a court decides issues about MMI.
Case Facts
While working on a bus, McMahan seriously injured his back and had to have two surgeries. However, he continued to have ongoing back pain and other problems. Although he continued to get treatment, he did not get better. Later on, he died while still receiving medical treatment. Because his doctor wrote he had reached MMI sometime earlier in 2012, McMahan’s estate sued for permanent disability benefits after his death.
At the initial hearing, the single commissioner ruled that McMahan had reached MMI before his death. As a result, the estate could get benefits and awarded permanent and total disability. However, SCDOE appealed, and the Full Commission Appellate Panel reversed. Consequently, the Court of Appeals heard the case.
Appeal Decision
After hearing the arguments, the Court of Appeals reversed again. More specifically, they found that McMahan did not have to be at MMI to receive benefits. Rather, even though McMahan died from unrelated causes, he can still make a claim. As a result, McMahan’s estate could receive the unpaid workers’ compensation benefits. Furthermore, the court found the only evidence presented was that he had reached MMI. Thus, the Appellate Panel committed legal error. So what does this decision show? That the only evidence presented was from the claimant. Looks like hard work and good lawyering made the difference here.
Moral of the Story
While most folks think workers comp is easy, it is not. Rather, serious injury cases are strongly defended. Furthermore, little facts and hard work can make a big difference in outcome. As a result, your workers compensation attorney must prepare every case for trial. Otherwise, you might get less benefits or even lose your case altogether. And one last point about this case. Serious injury cases can take years to finally end. Better make sure your workers comp lawyer is willing to go the distance and fight for you. After all, you are counting on them to do what is best for you and your family. If you hire us, we promise you our best efforts on your behalf. And that is a promise we keep.
