Top Ten Secrets in Workers Compensation

  1. Employers don’t like to file Reports of Injury. On the job injuries raises the Employer’s insurance rates and can disqualify them from bidding for federal contracts.
  2. Employers must file Reports of Injury. Whether they like it or not, they must fill out the Workers Compensation Report of Injury form and file it with the Board 10 days after the injury is reported to them.
  3. Employers will owe the Injured Worker a penalty if it fails to report the injury timely. The amount of the penalty is based upon the benefits paid to the Injured Worker.  It is 20% of the benefits that were unpaid when due.
  4.  Insurance companies don’t like Workers Compensation claims. Claims eat into their profits.
  5.  The “Nurse Case Manager” is hired by the insurance company to keep an eye on the Injured Worker and to “coordinate” medical treatment. That means she tells the doctor what the insurance company will and will not pay for thereby directing treatment. She is an insurance company spy.
  6. It’s against the law for the insurance company to direct medical treatment. The insurance company is not allowed to tell the doctor what he can or cannot do.  Your treatment is a decision between you and your doctor, alone.
  7. It is against the law for the insurance company to deny or refuse to pay for treatment that your doctor ordered unless they can prove they have a “good faith” basis for the refusal. Some insurance companies drag their feet without formally controverting benefits. Meanwhile the Injured Worker can’t get the treatment he or she needs and can’t get back to work.
  8. A “good faith” basis for the refusal usually means the insurance company’s doctor (so-called “IME”) says the treatment your doctor recommended is not reasonable or necessary or not related to your work injuries. The doctor’s opinion must be a “responsible medical opinion”. A “responsible medical opinion” should be based on scientific principles widely accepted in the medical community, review of the employee's medical records, and the specialized knowledge and training of the physician.
  9. There is no such thing as an “Independent Medical Evaluation”.The insurance companies regularly employ doctors who will say what they want to hear, that is, give them a reason to deny your treatment.
  10. You can fight the insurance company. You can file a Claim with the Alaska Workers Compensation Board.  You can hire an attorney.

Keenan Powell has practiced Workers Compensation law in the State of Alaska for over 30 years and has dedicated her practice to Workers Compensation representing injured Alaskans handling hundreds of cases. www.keenanpowell.com.

All consultations are free.  To make an appointment, use the contact form on this website or call:  907 258 7663.

 

 

 

Leave a Reply

Your email address will not be published. Required fields are marked *