medical treatment

Published on: May 13, 2019

Will Legal Marijuana Impact Workplace Injuries In Alabama?

I’m not writing to debate the pros or cons of medical marijuana. I’ll leave that to others. It’s a debate playing out in many states. Last week, two Alabama Senators (both of whom are doctors) debated the topic in the Senate chamber. One Senator, an anesthesiologist, debated in support of medical marijuana. The other, an obstetrician, debated against it. The Alabama Legislature has been debating bills that would allow medical uses.

Again, I’m not writing to debate the proposed legislation. My blog deals with Alabama personal injury issues. How would legal marijuana impact Alabama workers’ compensation claims? I believe the issue intersects personal injury law in a number of ways. From car wrecks to work comp, it’s an issue that will impact claims. For today, let’s talk about possible impacts on work comp.

Impairment or intoxication from drugs and alcohol can be a defense to work-related injury claims in Alabama. While substances like alcohol may be legal (for adults), a delivery driver who injures himself in an accident caused by his own drunk driving is not going to receive full work comp benefits.

Continue reading →

Published on: April 29, 2019

Medical Bills Raise Many Questions In Personal Injury Cases

By Jeff Blackwell

When I write a legal article, I never know whether it will gain reader interest. Some of the legal topics I find most fascinating, gain little or no reader interest. I’m often surprised at the articles generating the most readership and commentary.

One topic that always generates questions and commentary — Medical bills in accident and injury cases! I understand why. Medical bills are confusing and difficult to read. Every medical provider uses a different billing format. The charges vary widely. Who would think different hospitals could charge hugely different amounts for the same over-the-counter pain pill? Yet, they do.

On top of the medical charges, add the issue of health insurance and payment. Who pays? Blue Cross. Medicare. Tricare. Medicaid. Some other health plan. How much do they pay? Face it, each health plan pays differently. Most patients are confused by their medical bills when there is NO issue of any accident claim or lawsuit. I get it.

Continue reading →

Published on: April 1, 2019

When The Work Comp System Fails Injured Workers

By Jeff Blackwell

A recent news article tells the story of a severely injured worker in Florida. It’s an all too familiar story. It’s a common story we frequently see in cases across Alabama.

What happened? A sudden workplace explosion! An employee badly injured and badly burned. Days and nights in the hospital followed.

Life after the hospital is often difficult for injured workers seeking treatment. The worker and his or her family are often left trying to navigate a maze of doctors, case nurses and insurance adjusters. For many injured workers the process is beyond frustrating.

Continue reading →

Published on: March 25, 2019

Proposed Alabama Legislation Would Correct Hospital Lien Injustice

By Jeff Blackwell

You suffer injuries in a car accident. Paramedics arrive at the scene and carry you to the local hospital. When you arrive at the hospital, you provide your health insurance or Medicare information. You assume the bill is covered. Wrong. A few weeks later you receive a “hospital lien” in the mail. What?

Why is the hospital filing a lien against you and your car wreck claim? Why did the hospital refuse to bill your health insurance or Medicare? After all, you paid premiums (probably for years) for your health coverage. You paid premiums so you would have coverage when needed. I’ll tell you why the hospital refused to bill your insurance and filed a lien. Greed.

When you seek hospital treatment, the charges are inflated. Sometimes, they are greatly inflated. The hospital charges you inflated amounts knowing it will accept less (a reasonable amount) from health insurance. Look closely at your hospital lien paperwork! The hospital did NOT file a lien for the reasonable amount it always accepts from insurers or Medicare. No. The hospital filed a lien for the full, inflated charges. When you have an accident claim, Alabama law allows hospitals to file liens against your eventual settlement or recovery. Under existing Alabama law, the hospital has a right to collect those inflated amounts from any settlement of your car accident claim. So, hospitals often choose to file a lien rather than submit the bills to your health insurer.

Continue reading →

Published on: March 4, 2019

When Injured Workers Choose Health Insurance Over Workers Compensation

By Jeff Blackwell

A new study by the Workers Compensation Research Institute (WCRI) asks whether employees injured at work are more likely to file under workers’ compensation instead of group health insurance when their group health plan has a higher deductible. That’s interesting but it misses the real issue. The real question is why an injured worker would ever consider seeking medical care outside the workers’ compensation system at all. Really? Workers’ compensation systems were enacted in Alabama (and other states) to provide basic benefits like medical treatment. If those systems worked as intended, this would be a non-issue. Yet, workers consider using private health insurance because the work comp system has largely failed its primary purpose.

I speak with injured workers on a daily basis. Almost all of them have one goal. They want to get better and resume their normal life with work and family.

The WCRI research article wrongly frames the issue as a decision based simply upon medical deductibles. Let’s really examine why an injured worker would consider private health insurance (instead of work comp) in the first place. Injured workers should face NO barriers obtaining necessary medical care under workers compensation. But, they do. Those barriers are substantial and unjust. Here are three big ones:

Continue reading →

Published on: February 4, 2019

Eight Mistakes Personal Injury Victims Make With Their Doctors (Part 2)

By Jeff Blackwell

Last week, I began discussing eight mistakes personal injury victims make during medical visits. You can read the first four mistakes with my advice, here. Today, I’m going to finish this topic with a discussion of four more mistakes. My hope is that you make the most of your visits and the treatment offered you. Your health and healing should be your top priority. With that in mind, here are four additional mistakes with my commentary about each:

V. Stopping Treatment Before Completion

This issue frustrates doctors. The doctor recommended a course of treatment because he or she felt it necessary to treat your injury. You should complete treatment. If you do not want to complete a specific course of treatment, you should talk with your doctor. Do not simply quit.

Continue reading →

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.

Continue reading →

Published on: December 3, 2018

Chronic Regional Pain Syndrome Is A Devastating Injury

By Jeff Blackwell

Through the years, I’ve represented a number of personal injury victims who suffered Chronic Regional Pain Syndrome (CRPS). This condition is also known as reflex sympathy dystrophy (RSD). You may have never even heard of it. Yet, CRPS is a devastating condition for patients. So, when I recently read the account of a person suffering from CRPS it sounded familiar. It sounded like the stories of pain my past clients have tearfully related. How does the patient’s story begin? How does the patient describe her pain?

It’s 4 a.m., and once again I’m unable to sleep.

. . .

Continue reading →

Published on: September 23, 2018

Workers Compensation Claims Managers: Profiting Through Denials And Delays

By Jeff Blackwell

The journal ProPublica previously published an investigative article on the companies who profit by handling workers’ compensation claims. These companies, the middlemen in claims, are largely unknown by the public. After all, they manufacture nothing. They produce nothing. They sell nothing of value to consumers.

The ProPublica article starts with a bizarre scene. Somehow the reporter gained entry into the private Las Vegas conference for these claims managers. This is what he saw:

A scantily clad acrobat dangles from the ceiling, performing flips and splits as machines puff smoke and neon lights bathe the dance floor in turquoise and magenta. Dancers in lingerie gyrate on poles to the booming techno. Actors dressed as aliens pose for selfies with partygoers. There’s an open bar and waiters weave through the crowd passing out chocolate truffles.

Continue reading →

Published on: September 17, 2018

Patient-Centered Medical Care Is Important For Injury Victims

By Jeff Blackwell

A large part of my work involves simply interviewing, and talking with, personal injury victims. One theme is clear in my interviews — People suffering a personal injury want to heal and return to their normal life. They want to recover. They are often worried they will not recover. Proper medical care is essential to recovery from serious injuries.

At our office, we spend a lot of time talking with hurting people. And, we spend a lot of time reading medical records. In many cases, communication issues between the doctor and patient delay or hinder medical treatment. In some cases, miscommunication issues get documented and become serious hurdles to medical treatment as well as any injury claims. We try to advise our clients throughout the process to help their treatment and recovery progress.

A recent research article in the Journal of General Internal Medicine deals with the issue of patient-physician communications. The article uses the phrase “patient-centered” medical care. That’s a good phrase. Medical care should be patient-centered. Yet, it is instead too often centered around the insurance company or the flow of the medical facility. According to the research in this article, physicians only elicit the patient’s problems and agenda in 36% of visits. The researchers actually concluded:

Continue reading →