medical treatment

Published on: November 22, 2021

Work Comp Insurers Paint Misleading Picture Of Medical Costs!

Generally, workers compensation provides two important benefits. The first is medical care. The second is money you receive for your impairments or disabilities. These are essential benefits for working men and women facing a serious work-related personal injury. I’ve helped injured workers for more than 25 years. Almost every single client has the same worry — How quickly can I get my medical care and resume my normal life. Medical care and recovery are the main concerns. Most injured workers start the process hopeful.

Too often, insurance carriers then ignore, delay or deny their need for medical treatment. If you’ve suffered a serious work-related injury, you may have experienced the frustration of waiting on a work comp adjuster to call or approve care. You may have experienced the tricks used by insurance carriers to avoid providing necessary treatment. I understand. You do have options.

Let me get to the point of this post. Recently, I read an article about a misleading study produced by the National Council On Compensation Insurance (NCCI). What is the NCCI? Take a look at its Board of Directors! It’s a virtual who’s who of the biggest work comp insurance executives. You think they might be biased just a little! Years ago, the tobacco industry had similar groups telling consumers that smoking was healthy!

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Published on: November 8, 2021

Developing The Medical Evidence Increases The Value Of Your Alabama Personal Injury Case!

By Jeff Blackwell

Earlier this week, I took the deposition of a local orthopedic surgeon in a client’s car accident case. I take several medical depositions each month. So, it’s not unusual to be in a deposition. It’s part of our process to help clients by building their cases. The case involved a car accident. The crash actually happened pretty close to my office in Huntsville. An uninsured driver crashed into my client at a busy intersection along University Drive. Because an uninsured driver caused the Huntsville accident, we made a claim against my client’s own auto insurer for uninsured coverage. The carrier — Allstate! Yes, I have a pretty negative opinion about how that company treats its own insureds. Are you really in good hands? Any Alabama lawyer who regularly handles car accident and injury cases likely agrees with me.

As is so often the case, Allstate offered practically nothing to my client after her wreck. But, then we took the ortho’s deposition. We obtained his testimony for use at trial. After his testimony, the adjuster suddenly started calling and wanting to pay. Developing the medical evidence increases case value significantly! That’s an obvious no-brainer. Yet, so many lawyers simply refuse to prepare their cases! I know lawyers who claim to handle car accident cases but have never taken key testimony from medical providers. It’s shocking to think how little value they add to cases.

How Settlement Mill Law Firms Fail Clients By Failing To Build Case Value!

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Published on: November 1, 2021

Are Truck Drivers Covered By Workers Compensation In Alabama?

By Jeff Blackwell

I recently read a blog post titled, Does Workers’ Compensation Cover Injured Truck Drivers? It’s an important question. The Huntsville law firm posting that content asked the right question. But, that firm’s post failed to provide a real or helpful answer! It really failed to answer the question at all. It was just clickbait with keywords and a call to action!

The article was simply generic content stuffed full of keywords listing different injuries with a call to action asking readers to call the lawyers. The generic answer provided by this firm — “a truck driver must be legally categorized as an employee. If a truck driver is classified as an independent contractor, he or she is not eligible to receive workers’ compensation benefits.” What? Sure, employees are entitled to benefits while independent contractors are not. Because employees are entitled to workers compensation, a real answer is very important.

But, the vague answer in the firm’s post tells the reader nothing about Alabama law and how it actually classifies workers. The vague answer provides injured truck drivers with no real information to help. The lawyers in that firm are really good but they’ve outsourced their content to a non-lawyer ghostwriter. That’s bad for legal consumers. Let’s look at truck drivers and actually explore the classification issue.

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Published on: September 13, 2021

Top Five Mistakes Workers Make After A Job-Related Accident

By Jeff Blackwell

I talk to injured workers in Alabama every day. If you are hurt on the job, you are likely entitled to work comp benefits. Those benefits should provide needed medical care and compensation. Too often, they do not. Alabama law is very unfair. Injured workers face many problems.

I could write a book discussing the many ways our work comp laws are unfair to injured workers. I have discussed many of those issues in prior articles on this blog. Today, I want to focus on five early mistakes injured workers make that can harm their claims.

The Worker Does NOT Report The Accident (IN WRITING) In A Timely Manner

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Published on: July 26, 2021

Walmart — How One Company Treats (Mistreats) Injured Employees

By Jeff Blackwell

I just read an interesting article titled:

The Walmart Stocker Who Quit And Told Off Her Bosses Over The Intercom

The article was published late last year. How did I miss it? Apparently, the Walmart employee reached the breaking point and quit over the store-wide intercom. That’s right — The employee quit over the intercom, telling everyone in the store exactly how she felt. Like the old Johnny Paycheck song, it was a real “take this job and shove it” moment.

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Published on: January 25, 2021

Ghosted By The Work Comp Adjuster?

By Jeff Blackwell

You suffered a sudden accident at work. You are hurting. You need treatment. Questions, worries and fears race through your mind. Will I heal? Can I keep my job? When can I see the doctor? How can I pay my bills? How does work comp work? I’ve heard all the questions. I’ve heard all the frustrations. I counsel injured workers almost every single day.

Today, I want to discuss one of the most common frustrations — The insurance adjuster will not respond or return your calls. Nothing is more frustrating! If you are hurt and frustrated by an adjuster who will not respond, you are not alone. In both Alabama car accident cases and workers’ compensation claims, this is a very common problem. Adjusters bombard you when they need something or when they are pushing you to settle for a small amount. When you need something, they disappear.

Why do insurance adjusters ignore your calls? Let’s look at four primary stages in a work comp claim when adjusters disappear. What are these four primary stages of a work comp claim? Why are you being ignored? How can you respond?

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Published on: November 9, 2020

When The Boss Ignores Workplace Accidents

By Jeff Blackwell

Injured on the job in Alabama? Our work comp law requires you to notify your employer in order to receive benefits. You only have a short period of time to do so. You should notify your employer immediately in writing. To help, The Alabama Department of Labor even provides a standard form. The process should be simple? You have an accident. You tell your boss. You or your boss complete the written form. You receive work comp benefits.

In theory, it’s simple. The system was intended to be simple. In reality, it’s not always simple. Why? Some companies lie about accidents. Some companies really do NOT want to report any accidents or injuries. During the over two decades I’ve helped injured Alabama workers, I’ve tried multiple claims against a single manufacturing plant in Athens to verdict where the defense is always the same. In every single one of those cases, this employer did not report the accident when it happened. Later, the same employer lied about it. Don’t think I’m singling out one employer. I know several employers across northern Alabama who regularly refuse or fail to report accidents when they occur.

I receive several calls every month with a similar story. What is that story? The caller suffered a workplace accident. When it happened, he told the boss. But, nobody completed a written report. Sometimes, the worker initially thought he would be fine. So, he did not worry about it. Sometimes, the worker simply trusted the boss to take care of it. Several weeks later, the injured worker realized he needed medical care and asked the boss to provide a doctor. Suddenly, the boss “could not remember” any accident. Suddenly, the supervisor had no recall of any event. When that happens, your work comp claim will be denied.

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Published on: October 26, 2020

Three Simple Tricks Insurance Adjusters Use To Decrease Your Car Accident Injury Claim

By Jeff Blackwell

You suffered a car accident caused by another driver. You are injured. Suddenly, you face many questions. How can I get needed medical care? Will I heal quickly? What happens if I lose my job because I’m hurt? How will I pay my medical bills? How will I deal with the insurance company?

Then, you speak with the insurance adjuster. The adjuster may promise to help you quickly. The adjuster may even promise to pay your medical bills. It happens all the time — The adjuster acts like they are ready to pay your bills and take care of you. Most of the time, it’s not true. Most of the time, the adjuster wants to buy time to protect the insurance company.

The adjuster wants you to provide a recorded statement OR to sign an authorization so the insurance company can dig through your medical records OR simply to string you along. The adjuster tells you information is needed to get you paid. Maybe it is. More likely, it’s an effort to investigate your claim and look for potential reasons to deny it.

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Published on: October 19, 2020

Settled Your Alabama Workers Compensation Case With Open Medical Benefits? Three Takeaways For The Future!

By Jeff Blackwell

When I settle an Alabama workers compensation case with continued medical benefits, I explain to my clients what they may expect in the future. Of course, that future depends on many facts. Are the injuries easily provable or highly disputed? Does the client suffer other health problems that complicate issues? Does the client have access to health coverage through other sources? Does the client have a good authorized physician?

Every situation is different. Each case should be approached with thoughtful advice and planning. Lawyers should help their clients prepare to navigate the work comp system. We do. We help our clients during the case and afterwards when issues arise.

The potential issues following a work comp settlement are too numerous for this short post. So, I will just mention three quick takeaways when you settle your work-related injury case with open medical benefits under Alabama law. If you are in this situation, you probably settled expecting and hoping you would receive continued medical care for your injuries. What immediate things should you know? Here are three:

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Published on: April 13, 2020

Hurt On The Job? Worried The Coronavirus Will Slow Your Claim Or Medical Treatment?

By Jeff Blackwell

During this difficult time, people are worried. Health. Work. Finances. Family. All are worries. Many people are asking, when will life return to normal.

I spoke with someone earlier this week who had waited five weeks for the doctor to review his MRI. The caller suffered a work-related injury. He was seeing a doctor authorized by work comp. He underwent an MRI. Now, he is sitting and waiting to hear the results. It’s a slow process in normal times. Even in normal times, our injured neighbors wait too long for treatment. These are NOT normal times.

Our attorneys answer workers compensation questions for callers on a daily basis. We’ve compiled some of the most frequent questions to create a Workers Compensation FAQ page on our website. If you cannot find your question on that page, let us know. We are happy to discuss the issue with you. Our consultations are always free.

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