doctor

Published on: October 25, 2021

Work Comp Claim? Four Ways Surveillance Can Be Used Against You.

Are you being watched? If you have an Alabama work comp claim, the insurance company may conduct surveillance on you. I often tell my injured clients — If the insurance company videos you, we will only see the 5 minutes when you felt good and looked unhurt. We’ll never see the hours of agony and pain.

My favorite surveillance story involves a work comp case I tried many years ago in Huntsville. The insurance company and its lawyer fought aggressively. On the eve of trial, they expected to win. They thought they had surveillance that would destroy our case. The video showed a man lifting big truck tires, loading his truck and performing some pretty heavy work. That sounds pretty bad when your case involves a lower back injury and significant physical restrictions. But, they had a huge problem! A huge problem! And, they did not know it. The guy on the video was not my client. It was the wrong guy. The video showed my client’s brother. Plus, we had proof my client was somewhere else on the day of the surveillance. It made for some fun courtroom action at trial. Nothing like bursting the insurance company’s bubble! We won the case for our injured client.

Over the years, I’ve dealt with surveillance issues many times. It’s not an issue in every case. Most of the time, it’s not an issue at all. But, it is something every lawyer should discuss with his injured client.

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Published on: October 28, 2019

Do Company Clinics Coverup Work Comp Injuries?

By Jeff Blackwell

You suffer a work-related injury. You report the accident. You ask the boss for medical treatment. That’s what you are supposed to do. Now, you expect medical care. It should be “honest” medical care that puts a priority on you — the patient.

Where does your medical care start? Some factories have first aid stations in their facility. Many other businesses use a local “occupational” clinic as a starting point for injured workers. Can you expect “real and honest” medical care at the company clinic? Can you trust the company doctor? Some company nurses and physicians really try to help the injured. But, a few neglect their medical calling. These bad ones work against the injured. They are biased for the company paying them.

A WORK COMP SCANDAL AT TESLA

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Published on: June 17, 2019

Who Does The Company Doctor Serve?

By Jeff Blackwell

You suffered a work-related accident. You properly reported the accident to your company. You did everything correctly. Now, you expect work comp to provide medical care. After all, that’s how workers’ compensation should work. If you are like most people, all you really want is to heal as quickly as possible.

What happens next? Many companies have an occupational doctor or medical clinic to treat injured employees. Some people call them “gatekeepers.” Some of these “gatekeepers” wrongly and unjustly try to lock the gate to real medical care. In northern Alabama, we have just a couple clinics that handle almost all initial workplace accidents and injuries. These occupational clinics are supposed to treat injuries. Their doctors are supposed to help you. Don’t doctors take an oath to help their patients?

Most doctors take their responsibility seriously. Most doctors care deeply for their patients. I know many doctors who do. Yet, these few gatekeeper occupational clinics are NOT like most doctors. These clinics work for industry for a reason — Cost Savings. Fewer recorded injuries means cost savings. Less medical treatment means cost savings.

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Published on: January 28, 2019

Eight Mistakes Personal Injury Victims Make With Their Doctors (Part 1)

By Jeff Blackwell

Doctor visits can be uncomfortable and unfamiliar. You worry about treatment, recovery and cost. You worry about missing work or other activities. You wait for an appointment (maybe a long time). When you finally see the doctor, he or she is very busy. You are rushed to an examination room and have just moments to discuss your injury. The whole process is stressful.

I spend a lot of time reading about doctor visits from the medical records. In personal injury cases, the medical records are critical. Documentation is key. If you have a workers’ compensation claim, the insurance carrier will only approve prescribed treatment if the medical documentation supports it. If you have any type of personal injury case (whether car accident, workers’ compensation or anything else), the insurance company will only factor issues into its settlement offers if the documentation justifies them. If your claim eventually goes to trial, you will need the doctor’s testimony. When the doctor testifies, he will likely stick to the facts and issues documented in the medical records. Documentation is essential at every stage — Treatment, Negotiation and Trial.

At every visit, the doctor documents your history, treatment and condition. Because of that, an open and honest dialogue is essential. You need to pick a skilled and caring physician. Then, you also need to communicate properly regarding the injuries and treatment.

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Published on: May 14, 2014

The Non-Independent Medical Examination

By Jeff Blackwell

Attorneys who handle personal injury cases know that so-called independent medical examinations (IMEs) are really not independent at all. They are neither independent nor real medical examinations.

These exams are usually an effort by the insurance company and its defense lawyers to purchase a false and misleading opinion. They are an effort to create evidence and mislead juries. Many of the doctors who perform these examinations are absolutely biased against the patient.

What really bothers me is that many plaintiff attorneys willingly let their clients submit to these biased and bogus exams. Attorneys who simply let their clients submit to these examinations are not acting in their client’s best interests. The false and misleading IME reports purchased by insurance carriers can have devastating effects upon injured workers and accident victims seeking justice. They harm all of us by distorting the truth.

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Published on: March 31, 2011

Having Trouble With Your Workers’ Compensation Claim? You Are Not Alone!

By Jeff Blackwell

Why do people call a lawyer after a work-related accident? What reasons lead to calling an attorney? While sitting in court on a recent workers’ compensation case, I started thinking about this issue.

For me, former clients are the best source of referrals. Work hard for your clients. Care for your clients. Do the best job you can. But, let’s set aside referrals for this post. Let’s talk about injured workers who do not know any attorney. What reasons would lead an injured worker to consult any attorney at all? A serious accident or injury presents many issues that can be helped by competent legal advice. Most personal injury attorneys provide a free consultation. We do. We are happy to answer legal questions.

What are some of the most frequent problems encountered by injured workers that lead them to call an attorney? Here are a few frequent reasons that might lead to calling an attorney:

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