Injured Workers need a lawyer...by Charles R. Wear
Some say that since the workers' compensation system has been
reformed that injured workers will not need an attorney to help with
their claim. Nothing could be further from the actual situation. The
following are the top ___ reasons that injured workers need lawyers.
The employer controls the medical treatment. For
injuries after January 1, 2005, if the employer is a member of a
medical provider network, the injured worker does not have the right to
change physicians, except within the network. Many injured workers will
not receive the medical treatment they need to cure or relieve from the
effects of their injury. Many will be returned to work too early. The
appeals system for this type of medical dispute is complicated.
Workers' compensation attorneys can help an injured worker navigate
this process.
Utilization review and the application of guidelines delay and deny approval for needed medical treatment.
The initiation of utilization review procedures, where medical
practitioners make decision approving or denying treatment based on
treatment guidelines, have caused numerous delays in treatment. Once
again, an attorney who understand these procedures can assist the
injured worker in obtaining necessary medical treatment.
The value of a case will depend on the final medical evaluation.
It is likely that the award of permanent disability benefits will
depend on the evaluation of an agreed medical evaluator or a qualified
medical evaluator chosen by a panel. Only represented workers can use
an agreed medical evaluator, a doctor chosen because of his reputation
for fairness and neutrality. Unrepresented workers must utilize the
panel qualified medical evaluator process and choose a doctor from a
list chosen by the State. The panel doctors will be unfamiliar to the
unrepresented worker. The guidance of an experienced attorney can be
invaluable in this process.
In summary, the recent changes in the workers'
compensation laws in California have made the process even more
complicated. Only an experienced attorney can help fight for the rights
of an injured worker to obtain the benefits the system was designed to
deliver.

|