Did you get injured during your break? Do you have any questions about whether or not you’re covered?
If you’ve never had to worry about paying medical bills, you might not realize just how expensive healthcare is. And if you find yourself needing healthcare services, you may wonder if you will be able to afford them.
One common misconception about people who have experienced a work injury is that they have to physically do their job when injured to be covered under workers’ comp.
Although most cases involving workers’ compensation injuries happen when you are clocked in, at the job site, and doing your work, that isn’t always the case. No one can control when and where an accident will take place. The Workers’ Compensation Act understands that and offers some additional protections.
These cases can be very fact-specific, but the most common times you can be covered are before clocking in, during breaks at work, and at lunch. There are many other circumstances when you may be covered. Still, a lot depends on the location of the accident, the timing of the accident, and who owned and maintained the property where your accident happened.
If you’re injured at work, you should be treated right away.
The longer you wait to seek medical treatment, the worse your chances are of collecting benefits. So if you need immediate medical help after getting injured at work, call 911 or go directly to the nearest emergency room.
If you got hurt before clocking in, during a break, during lunch, or after clocking out—but while you were still at work, your injury may fit into one of the fact patterns where the Workers’ Compensation Act still protects you.
When this happens, you may decide to call an attorney specializing in workers’ compensation law. They can help you file claims and negotiate settlements when necessary.
An experienced worker’s comp lawyer can help you navigate the complex system, protect your rights, and ensure you receive the benefits you deserve.
Often we hear clients ask questions such as, “I’ve always had problems with my shoulder, but my existing problems have been made worse by my work injury. Can I get workman’s comp to cover my worsened condition?”
The answer is: Yes you can! The fact of the matter is, we all live real lives, and very few of us will go through life without incurring some kind of injury. Whether it be a back injury, shoulder injury, or knee injury, if you are hurt on the job and your existing condition is made worse by your work injury, then you should still be covered by workers’ comp.
Don’t allow someone to convince you that just because you have an existing problem, you should be denied workers’ comp. Cases relating to workers’ comp are clear on the issue. When a workplace injury makes a pre-existing but non-disabling condition become a disabling condition, you are eligible for workers’ comp benefits.
Be aware that it’s not uncommon to experience resistance from your insurance company. They’re not going to want to cover a condition that they view as potentially pre-existing. But you are entitled to your rights. If you have a pre-existing injury that has been made worse by a workplace injury, don’t hesitate to call an attorney.
Existing injuries that have been aggravated by a work injury may be covered by workers’ comp. Be sure to speak to an attorney to make sure you’re getting the benefits you deserve.
Unfortunately, insurance companies nowadays often intimidate injured workers by reminding them that they—not you—have the “right to direct medical care.” In other words, your employer and the health insurance company on their plan have the power to decide which physician you should see.
To some extent, this is true, but there are exceptions. Keep in mind that in some circumstances employees can select the physician of his or her choice. You just need the right attorney to help you navigate the workers’ compensation process and understand what those exceptions are. If you’ve been injured on the job and need to see a physician, here are a few key points to consider:
Your insurance company is not your physician. Don’t empower them; empower yourself and your doctor. After all, you know best about your injury, and your doctor knows how to help you get better. He or she is the one who went to medical school, received the proper training, and understands the practice of medicine. Not your insurance company.
You have a right to the best medical care. If your doctor believes certain treatment is appropriate for you and the workman’s comp insurance company is refusing to pay, you and your doctor need to fight for the proper course of treatment.
Team up with your doctor to fight for your rights. Have your doctor detail in writing why he or she feels you need a particular treatment. Your attorney can then use this documentation to file a motion with the Industrial Commission, seeking approval for the recommended care.
Don’t allow yourself or your physician to get frustrated and give up. If the care you need is not being authorized or is being denied by an internal utilization review conducted in-house at the insurance company, keep fighting. Your health is worth the fight!
Oxner + Permar has won case after case in which it seemed that the employee was going to be bullied by the insurance company. We don’t let that happen. In workers’ compensation cases, we care about the employee who has been hurt on the job, and we know how to make sure that their rights are protected. And insurance companies know our reputation—as attorneys who don’t give up until they get the care that they deserve.
When a person is injured at work, the impact to the worker is huge, but the effects it can have on the family can be just as devastating. The income that you expected to earn is compromised, often making it difficult to pay rent and bills and to fund retirement and college savings. The financial loss to the family simply isn’t well compensated in the Workers’ Compensation system. This is particularly true for catastrophic injury and death cases in which the victims are unlikely to ever work again.
It is devastating to have your dreams and goals derailed by an injury. It is ten times worse when you feel your injury is hurting the future of your children. That’s why Oxner + Permar supports Kids’ Chance, a charitable organization offering college scholarships to the children of workers who were killed or catastrophically injured at work. As attorneys who care deeply about our clients’ well-being, we want to do everything we can to get the word out there about this important charity—especially because workers who suffer these types of injuries (and their families) have so many other things weighing on their minds.
If you know of a family who might qualify for a Kids’ Chance scholarship, please join us in spreading the word so that we can help as many people as possible through this wonderful charity. As a member of the board for Kids’ Chance of NC, Oxner + Permar is committed to getting the applications into the hands of those who need them. Please visit the Kids’ Chance website for more details.
Hezekiah Hardee’s father was seriously injured on the job, but through Kids’ Chance of NC, Hezekiah was able to earn a scholarship that made his dreams of attending college come true. Read his story