Workers’ compensation is intended to serve as a safety net for injured workers and as protection for employers when employees have been hurt at work. All too often, injured workers run into medical care challenges from workers’ compensation insurance carriers. In an accepted case, the insurance company is “allowed to direct the medical care,” which means that the adjuster gets to choose your doctors and veto any recommended medical treatment.
At The Bollinger Law Firm in Charlotte, North Carolina, we help clients avoid difficulties with medical care after a work injury. Our attorneys are very familiar with the tactics used by insurance companies to avoid paying medical expenses for injured workers. Rest assured, we will fight to secure the benefits you deserve, even if your medical claim was initially denied. We are also experienced with the Industrial Commission’s Medical Motion procedure used when cases are accepted but medical care is disputed.
Contact us to schedule a free strategy session with an experienced Mecklenburg County workers’ compensation lawyer to discuss your medical care after a work injury.
When your workers’ compensation claim is accepted, the employer and insurance carrier are required to provide the medical care that will:
The employer or carrier gets to direct medical care in an accepted workers’ compensation case, meaning that they are allowed to choose your medical providers and determine whether you are allowed to have the diagnostic tests and treatment protocols recommended by the doctor. You have the right, however, to request a change of treating doctors.
If the insurance company will not voluntarily allow a change of treating doctors, then you are allowed to file a medical motion with the North Carolina Industrial Commission to obtain a change of authorized treating doctor. A medical motion can also be filed when the insurance carrier is unwilling to approve a test or procedure that the doctor is recommending.
At The Bollinger Law Firm, PC, we believe that it is extremely important for injured workers to have an experienced workers’ compensation lawyer to help with these medical motions, as they can become quite complicated. Our attorneys have had considerable success in helping our clients obtain the medical treatment they need.
In a denied workers’ compensation claim, the employer and insurance carrier typically will not provide any medical care. You are on your own and can use your health insurance (if you have any) to get medical treatment in a denied case. If you have no insurance, then contact Medicaid or North Carolina Vocational Rehabilitation for assistance. To make the employer and insurance carrier responsible for medical treatment in a denied claim, we must first litigate the compensability of your claim. If we win, then medical benefits are covered in the same fashion as an accepted workers’ compensation claim.
Workers’ compensation insurers are businesses. As such, they will do all they can to keep costs low and protect their bottom line. Since medical care expenses make up the majority of most workers’ compensation expenses, insurers will often minimize the medical treatment they provide. We will go to court for you if necessary to get your medical care provided by the workers’ compensation insurance carrier.
Common tactics of insurers can include:
At The Bollinger Law Firm, PC, we find these tactics intolerable. We are not afraid to stand up for you against the largest of adversaries and will do what is necessary to help our clients secure the medical care they deserve.
In addition to securing the assistance of an experienced workers’ compensation attorney, getting a prompt medical evaluation may be important to your workers’ compensation claim. When you demonstrate that you have taken all advisable actions to help yourself, your claim for medical care compensation may be strengthened in the eyes of workers’ compensation insurers and the North Carolina Industrial Commission.
If you are experiencing difficulty with medical care after a work injury or have questions related to the workers’ compensation process, contact us to schedule a free strategy session. Our office is easily accessible for those with disabilities. Free parking is available. Call 704-377-7677 or toll free at 866-326-3090 today to make an appointment.