When you have had to go to your own doctor because the doctor for the employer has stated that you do not need treatment for your injuries it is important to have a Workers Compensation Lawyer working for you, as your case can become more complex very quickly. It has previously been noted that in this situation it will be necessary to obtain the medical bills regarding your treatment or any information regarding a lien or subrogation, so that your Workers Compensation Lawyer can present this to the attorney for the employer and ask that your insurer be reimbursed so that you do not have to pay the insurer out of your settlement funds.
Unfortunately, Workers Compensation insurers can be very conservative and will often make an initial offer does not compensate your insurer for the Workers Compensation insurer’s failure to pay your medical expenses. This puts you and your Workers Compensation Lawyer in the awkward position of having to act as representatives for your personal insurance and attempting to negotiate with the Workers Compensation insurer on their behalf. It is possible that due to the added cost and complication your Workers Compensation Lawyer may not be able to negotiate a settlement that is in your best interest and your Workers Compensation Lawyer may then recommend taking your case to trial.
The advantage in this situation is that your Workers Compensation Lawyer is able to give the Administrative Law Judge the medical records and bills and it will be the Judge’s decision as to what to do with the medical expenses. The downside is that your Workers Compensation Lawyer can never guarantee victory and you and your Workers Compensation Lawyer may be left with nothing to show for your effort.
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.