Archive for November 23, 2011

Workers Compensation Medical Bills (Part 2)

Workers Compensation

When you have been injured at work and the doctor you were sent to by your employer says that you are not greatly injured and you should return to work but you disagree it is important to obtain the help of a Workers Compensation Lawyer to make sure that you can get the medical treatment you need.

While the default state is that your employer must provide and pay for all necessary medical treatment, it is not uncommon that they will send you to a doctor that is favorable to them and will send you back to work early or without the necessary treatment.  In that situation your Workers Compensation Lawyer may advise that you use your own insurance to obtain the treatment from doctors of you choosing.  However, most doctors will not see you if they know that the injury stems from a Workers Compensation case and you are seeking treatment on your own.  When that is the case your Workers Compensation Lawyer can help you obtain the treatment by getting a denial letter from the employer that states that the employer denies any accident or injury related to Workers Compensation.

The issue in this situation is that it may be necessary to reimburse your insurer for the payments they made in relation to your medical treatment.  As such, it is important to send any information you receive from your insurer, which relates to a lien or subrogation, to your Workers Compensation Lawyer as soon as possible.  This will allow your Workers Compensation Lawyer to obtain payment from the employer for your medical bills, so that you do not have to use your settlement monies to pay the medical bills.

If you have a Workers Compensation claim and would like to speak with a Workers Compensation Lawyer contact The Elster Firm for a free consultation.

The information provided is for general informational purposes and does not constitute legal advice.  No attorney-client relationship is created by this post.  The choice of an attorney is an important one and should not be based on advertising alone.

Motorcycle Accident Vexatious Refusal to Pay

Motorcycle Accident

When you have been involved in a Motorcycle Accident and you believe the Motorcycle Accident was caused by the other driver it is important to speak with Motorcycle Accident Attorneys to make sure that you obtain the greatest amount of compensation possible for your injuries.  The need to speak with Motorcycle Accident Attorneys is even greater when the other driver was without any kind of auto insurance because in that situation your only way to recover may be from your own insurance’s uninsured motorist coverage.

It is important to have Motorcycle Accident Attorneys working on this for you because they will be able to put together a package for your insurance company that shows how the accident happened, the extent of your injuries, the cost of the medical treatment you needed, proof that the other driver was without auto insurance at the time of the accident and a demand for payment under the uninsured motorist provisions of your motorcycle insurance.  If the insurance company refuses to pay, despite receipt of this information, after thirty days your Motorcycle Accident Attorneys can file a breach of contract case against your insurer, which includes a count for Vexatious Refusal to Pay.

In Missouri this is an action authorized by statute and it gives your Motorcycle Accident Attorneys another way to obtain compensation for you.  The idea is that when an insurer is presented with proof that they owe you compensation under the policy they issued to you, they must honor their contractual obligations and it must be timely; otherwise, additional damages may be attributed to them and awarded to you.

If you have been involved in a Motorcycle Accident and would like to speak with Motorcycle Accident Attorneys contact The Elster Firm for a free consultation.

The information provided is for general informational purposes and does not constitute legal advice.  No attorney-client relationship is created by this post.  The choice of an attorney is an important one and should not be based on advertising alone.