The average injury-related medical bill is over $50,000. Several times over the last ten years, the Supreme Court has diluted some important consumer protections in the Fair Debt Collection Practices Act.
As a result, medical collectors are more aggressive than ever. If workers’ comp claims are denied, the victims are financially responsible for these bills. So, winning a workers’ comp claim is absolutely critical.
Medical bills are just part of the puzzle. Job injury victims are also entitled to lost wage replacement. If they lose their claims, they lose these benefits as well. So, they’re not only stuck with large medical bills. They also have no way to pay them. Most injured workers who lose their claims end up filing bankruptcy.
So, in this post, we’ll look at some ways to win your workers’ comp claim and avoid this negative fallout.
No-fault benefits are available if the injury or illness was work-related. That qualification sounds straightforward, but insurance companies almost always contest it.
Many people have pre-existing medical conditions that affect their claims. For example, if Eric has a bad knee, he’s more likely to fall at work, and that fall is more likely to be more serious. Workers’ comp insurance companies are responsible for 100 percent of the lost wages and medical bills in these situations. No one should be able to take advantage of another person’s weaknesses, in this or any other context.
Additionally, the work-related injury doesn’t have to be work-related, if you follow me. If Eric hurt his bad knee while working from home, workers’ compensation usually applies, even if he wasn’t on the clock. Legally, if your living room is a workstation, it’s just like a workstation at the office.
Amount of Damages
Most insurance adjusters don’t use the facts of the case to determine damages. Instead, they use charts, which are something like infant growth charts.
At X age, babies should do Y (roll over, sleep through the night, etc.). Likewise, as far as adjusters are concerned, X injury or illness means Y days off work and Z amount of medical bills.
If Junior isn’t rolling over or solving basic equations at a certain age, some parents get nervous. Likewise, if Eric’s medical bills and/or lost wages are above the chart amounts, most insurance companies will not pay the excess amount.
Typically, insurance companies bully job injury victims into settling these claims on less-than-favorable terms. Job injury lawyers prevent that kind of bullying and give victims the best possible chance to avoid a claim denial.
If you need help, book a free consultation with a workers’ comp lawyer through AskLegally today.