As a former Insurance Company Defense Attorney, J. James Roos will use that experience to help you get the most compensation you are entitled to under the law. Mr. Roos spent several years representing the employers and insurance companies defending worker's compensation claims. This insight into the inner workings of employers and insurance companies strategies will be utilized to maximize your benefits.
Mr . Roos also has experience representing members of various unions and is familiar with the special rules that sometimes apply
WORKERS' COMPENSATION: A DO AND DON'T DO GUIDE
The Following is a list of things that you SHOULD DO when injured at work;
1. Report the injury to a supervisor immediately (same day)
2. Make a note of the names of anyone who witnessed the injury and the supervisor to whom the injury was reported.
3. Reveal any pre-existing conditions and explain how it is worse since the accident when talking to a doctor.
Although the law allows 10 days for an injury to be reported, insurance companies will be skeptical as to whether or not the injury occurred at work if it is not reported immediately. Reporting the injury late will likely cause a delay in benefits.
Failure to reveal a a pre-existing condition(example: prior back injury) at the first medical visit will create a problem when prior medical records are reviewed.
The Following is a list of things that you SHOULD NOT DO when injured at work;
1. DO NOT provide a recorded statement to the insurance company. Soon after being injured at work you are likely to receive a phone call from a claims adjuster(representative) with the insurance company. They often ask for a recorded statement and imply that you are required to provide one. YOU ARE NOT REQUIRED TO PROVIDE A RECORDED STATEMENT.
The job of the insurance claims adjuster is to manipulate the claim in an effort to minimize the benefits the insurance company is obligated to pay. One of the ways this is done is through a recorded statement. A recorded statement will never help you, but it may hurt your chances of obtaining the benefits to which you are entitled.
2. DO NOT allow your employer or their insurance company to force you to seek treatment with a physician they choose. When injured at work YOU ARE NOT REQUIRED TO GET MEDICAL TREATMENT FROM A HEALTHCARE PROVIDER CHOSEN BY YOUR EMPLOYER OR THEIR INSURANCE CARRIER. Seek medical treatment with a healthcare provider that you are comfortable with. As long as the healthcare provider accepts worker's compensation patients your employer and/or their insurance company are required to pay the bills incurred as a result of the injury at work.
3. DO NOT be discouraged from contacting an attorney. It is in the insurance companies benefit to make an effort to manipulate the claim and minimize the benefits they are required to pay an injured worker. It is your attorney's role to look after your best interests and make sure you receive the MAXIMUM AMOUNT OF BENEFITS to which you are entitled.
SPECIAL RULES FOR BUILDING AND CONSTRUCTION TRADE COUNCILS AND LOCAL UNIONS
1. Employees who believe they are not getting the worker's compensation benefits they are entitled to must apply to a special program representative. If the issue is not resolved within 5 working days, they may apply for mediation.
2. Employyes who are not satisfied with the response of the program representative must apply for mediation within 60 days of the program representative's response.
3.Mediation must be completed within 14 days of referral. You must cooperate with the mediator in the mediation process.
4. Within 30 days of completion of the mediation process, if you are not satisfied you may file for arbitration of the matter.
5. Arbitration proceedings will take place within 60 days after the referral. A decision will be within 10 days following the arbitration.
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Worker’s Compensation can often be difficult to understand. Having someone like J. James Roos on your side will help you understand it more.