Dealing with Workman’s Compensation

Copyright Sandy Long

When I was injured in a truck wreck, I thought workman’s compensation (WC) was there to protect me. I quickly found out that WC was there to protect the employer first.

WC is an insurance that employers carry to protect them from being sued by and/or to provide medical treatment for employees if they are injured on the job. The WC insurance company is in business to make money so will do all it can to mitigate what it pays out and can be tough to deal with, they have reason to be.

Like any insurance company, WC has been the focus of fraud and abuse. There have been many news reports of these frauds, one TV story stands out. A man claimed he had hurt his back on the job and couldn’t work but the WC doctors couldn’t find any real problem. WC hired someone to do surveillance on the claimant. Video tape showed the man mowing and digging in his yard, carrying a new stereo system from his car to the house and wrestling with his kids in the yard. It was very obvious that he had no back injury.

These types of fraudulent claims make it very hard for those of us who have legitimate claims to receive proper treatment. WC doctors are paid to be very skeptical and they tend to disbelieve complaints of pain and injury if there is not an obvious cause. Also, the doctors tend to push one to return to work quickly.

Workman’s compensation laws vary from state to state. But when you are injured on the job, you will receive some treatment, a temporary disability payment if you cannot work for a long period of time, and if you have residual lifetime disability, you will receive some sort of settlement payment. The amounts of payments, settlements and type of treatment are the variables.

As drivers, we are prone to injuries. Unlike working in our hometown where we have family near to assist us, we drivers are more likely to be hundreds of miles away and may have to start the WC process long distance. Here are some tips to deal with WC.

Contact your company immediately. They will tell you what to do and may have to send authorization for any treatment and WC insurance company information. Carry your company’s business card next to your driver’s license with contact info in case you are unconscious.

Have pictures taken of the injuries before treatment if possible and after initial treatment.

Write out a statement of exactly how you were injured ASAP and document the injuries. Get a copy of the injury report made by your employer for your personal files.

If the injuries are major, contact your attorney as soon as possible. Most attorneys will not get involved unless WC does not provide adequate treatment or payment if you are unable to work as provided by your state WC laws. The attorney will tell you what your rights are under the WC laws of your state. Usually initial consultations are free.

Ask any doctor that treats you for a copy of your records.

Go and see your own family doctor as soon as possible after being injured and pay for it yourself if necessary… This will get a second opinion started and also document your injuries outside of the WC doctors. Do not accept treatment for the injuries from your own doctor unless you are allowed to by WC; just have him/her evaluate the injuries.

If you talk to a WC adjuster, be cautious as to what you say. Be honest, but do not volunteer any information. If you are uncertain as to what they want, contact your attorney.

Take someone with you to WC doctor’s appointments if possible. Have them sit in on the visits to provide a witness to the treatment and conversation.

If a WC doctor wants you to do something that does not make sense to you, contact your attorney. In some cases if you refuse a procedure, WC can drop you.

Do not overstate or understate your injuries. Honesty is the best policy in your dealings with WC. If you are unable to work for a long period of time, remember the surveillance of the man with back injuries, WC WILL be watching you closely.

The main thing to remember in your dealings with WC is that anything may happen. I was lucky that when WC fired their opening shot after the wreck, (they said that I was not on the job when logged in the sleeper in a team operation), my employer went to bat for me to get me treatment. Take nothing for granted and cover your backside with documentation. Hopefully you will never get hurt on the job, but the odds are against you.

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