Monday, May 26, 2014

THE INSURANCE EXAMINATION IS AN IMPORTANT EVENT IN YOUR CASE

The Massachusetts Workers' Compensation Law gives the insurance company the right to have you examined at reasonable times by a physician of its choice. Examining doctors are typically "board certified" specialists in their field. They are highly trained to test for the presence of specific medical problems and to evaluate misinformation, exaggeration or a lack of cooperation during the exam. A favorable opinion provided by the insurance doctor can mean prompt payment of your claim. An unfavorable opinion can result in a delay or denial of payment. The impression you make on the doctor and his or her staff is important. Arrive at the doctor's office on time and appropriately dressed. Be courteous to the doctor and staff, even if you are made to wait for the doctor. It is usually helpful to review your case with an experienced workers' compensation attorney prior to the date of your visit with the insurance examiner. An experienced attorney can alert you to areas of your medical history and records that will be of particular interest to the doctor. The attorney can also work with you so that your answers to all questions are clear and accurate. Remember, the report of the insurance doctor is likely to become important evidence in your case. 

TO LEARN MORE ABOUT THE MASSACHUSETTS WORKERS' COMPENSATION LAW AND THE DEPARTMENT OF INDUSTRIAL ACCIDENTS VISIT:

JOHN BENA III ATTORNEY AT LAW.COM

OR CALL: 617-770-4705

NO PROFESSIONAL FEE WILL BE CHARGED FOR DISCUSSING YOUR INITIAL QUESTIONS AND CONCERNS

(The above is general information concerning the law and is not intended as legal advice concerning any particular case. Legal advice concerning your situation can only be provided by a licensed attorney following a detailed review of your particular situation and with knowledge of all relevant facts.)


Friday, December 6, 2013

BE CAUTIOUS IF THE DOCTOR WAS RECOMMENED BY THE INSURANCE COMPANY

Most people have never been injured at work. When they are, they know little or nothing about the best way to protect their interests. Seemingly helpful employers and insurers will sometimes suggest treatment with a particular clinic or physician. The concern is that, over time, the clinic or physician identifies with the interests of the insurance company. A cooperative relationship between physician and insurer can result in a steady stream of new patient billings. Many injuries have short-lived symptoms and most employees are ready to return to work after a brief absence. But if the injury is serious, you will need the backing of your doctor so that you continue to receive weekly benefits. It is important that the doctor's treatment notes accurately describe the severity of your medical problem. A premature "release" for you to return to work written by a treating physician, can mean the termination of your weekly benefit. If you are not convinced that your doctor is thinking about your best interest and only your best interest, keep the following in mind. You can always speak to friends, family or medical and legal professionals about the reputation of those providing you medical services. When you are not satisfied with the quality of care you are receiving, you are free to change doctors or to seek out a "second" medical opinion. Above all, make sure that you are receiving the best medical care and advice possible. TO LEARN MORE ABOUT THE MASSACHUSETTS WORKERS' COMPENSATION LAW AND THE DEPARTMENT OF INDUSTRIAL ACCIDENTS VISIT: JOHN BENA III ATTORNEY AT LAW.COM

Friday, October 4, 2013

PROMPT MEDICAL CARE MAKES PAYMENT MORE LIKELY

Following an injury, some employee's fail to promptly seek medical treatment. Many hope that their symptoms will be short-lived or will improve without medical care. However nagging medical problems eventually result in treatment by a doctor. If days or weeks pass before an employee is first examined by a physician, it may be more difficult to persuade an insurance company that a work injury claim is valid. Medical signs and symptoms of injury can be more difficult to measure with the passage of time. For example, bruises, cuts and swelling usually improve following an injury. In addition, the longer the period of time between injury and initial medical treatment, the greater the chance that new events will occur which contribute to or worsen your symptoms. If your doctor cannot clearly relate your medical condition to your work injury, it will be more difficult to convince the insurance company to pay your claim. Prompt medical treatment following an injury makes it easier to document and prove your claim later on. It is important that you give the initial medical provider a clear and accurate history of your injury. The history you provide the physician will be recorded in the initial treatment records and will aid an insurance company in determining the validity of your claim for benefits. Minor work injuries may not require medical treatment of any kind. However, if your medical condition becomes more serious than you first expected, your failure to promptly seek medical treatment could be an obstacle to convincing the insurance company to pay your claim. To learn more about the Massachusetts workers' compensation law and the Massachusetts Department of Industrial Accidents, visit JOHN BENA III ATTORNEY AT LAW . COM.

Saturday, September 21, 2013

REPORTING YOUR WORK INJURY IS BASIC BUT CRITICAL

Employees are injured every day. Most are loyal, hard working people who want a pay check and have no interest in missing time from work. Sometimes people are injured, but fail to report their injury. These individuals may hope that the injury will heal quickly or they may be concerned that reporting an injury will result in retaliation by the employer. The fact is: failure to report your injury promptly to someone in authority can cause an insurance company to deny your workers' compensation benefits. The consequences of failing to report your injury become more serious if your injury happened at the end of the work day or week, or if no one was present to witness your injury. If failure to report the injury to your employer is coupled with an initial medical treatment history which does not include a history of the injury, it can take weeks or even months to convince an insurance company to reverse an initial denial of benefits. Employees tend to balance a timely report of injury with the fear that reporting an injury will harm their relationship with management. Making the right decision depends on the priorities and judgement of each individual. Discussion of the issues with an experienced disability attorney can be helpful. Even if you decide not reporting the injury is the best course for you--make no mistake, it could result in the denial of your workers' compensation claim. For more information concerning the Massachusetts Workers' Compensation Law and the Department of Industrial Accidents go to:
John Bena III Attorney at Law.com