Category Archives: Workers’ Comp Q & A

Your employer knows you but does your lawyer?

Posted on October 21, 2011 by Brody Ockander

Is your employer using surveillance?

Many employers or the workers’ compensation insurance companies will go to great lengths in order to avoid paying for an injured worker.

For example your employer will scour your past medical records for any tid-bit that might show a preexisting injury to give even the slightest reason to deny your claim. In addition, employers and insurance companies will often go beyond simply looking to your past medical records for a reason to deny your claim. In addition, they may look to deny your claim through the use of surveillance. As a result, it is imperative that you know what they might be looking for and also that you let your lawyer know everything (especially the unfavorable stuff) about your claim.

It is not uncommon for adjusters or defense lawyers to hire private investigators to follow you around without your knowledge

Video Surveillance

It is not uncommon for adjusters or defense lawyers to hire private investigators to follow you around without your knowledge. The investigators will hide for hours and take videos of you in public places hoping to catch some footage of you lifting something beyond your restrictions or engaging in an activity that your doctor might see as questionable given your injury. Although perfectly legal, these investigators often take hours and hours of video footage in what would seem like semi-private places or moments: weddings, grocery store, swimming pools, parks, getting in and out of your car, even your own yard. Most courts will even allow such footage as evidence in a workers’ compensation case.

Online Surveillance

Similarly, many employers and insurance companies have taken to the internet in search of another way to deny you workers’ compensation benefits. Blogs, message boards posts, and even social media websites (Facebook, Twitter, MySpace, etc.) could all be fair game: this includes past or present postings. Continue reading →

Truckers are often entitled to benefits from multiple states.

Posted on October 13, 2011 by Rod Rehm

Truckers are frequently entitled to benefits from multiple states for an injury.

Each state sets rules for applying its workers’ compensation laws. Virtually all states cover accidents that happen in that state.

Many states allow benefits if the employer has it primary location in that state. Others cover claims if the employer is doing business it the state. There are different rules in each state and you should talk to experience workers compensation lawyer to learn what laws cover your injury. However, you do not have to make a choice.

Unless the state law says it will not provide coverage if another state does, you have multiple forums and can file in all of them.

The law established by the United State Supreme court in Thomas v. Washington Gas Light Co. is that compensation does not involve a “choice of law” question. The issue is one of coverage. Does the injury come within the coverage of one or more state? If so, each of the states can apply their law and award benefits even if a claim is being pursued elsewhere at the same time. Unless the state law says it will not provide coverage if another state does, you have multiple forums and can Continue reading →

When Do I Need an Attorney?

Posted on October 10, 2011 by Roger Moore

A good attorney will tell you if it makes sense to work with one.

Most of our clients are hesitant to hire an attorney. We’ll tell you right from the start if we think we can help you or not. However, there are some commons signs which we feel warrant having an attorney or at least consulting with one.

The insurance company tells you your claim is denied. This isn’t always clear, but if your medical bills aren’t being paid or you’re off work and not receiving temporary disability checks these are indications the claim may be denied.
The company is trying to pick your doctors for you. In Nebraska, you have the right to elect to have your family doctor treat you for your work injury. If the employer denies you this right it’s time to contact an attorney. Also, if the employer selects a non-treating doctor for an “Independent Medical Evaluation” this likely means they are trying to fight some aspect of your workers’ compensation benefits.
If a medical case manager or vocational specialist Continue reading →

Should I trust the nurse case manager for my workers’ compensation claim?

Posted on September 26, 2011 by Brody Ockander

Some nurse case managers may not be acting in your best interests.

The short answer is, “be careful.”

In many workers’ compensation claims, an insurance adjuster hires someone called a nurse case manager, or NCM. The workers’ compensation insurance adjusters claim that the purpose of the NCM is to help coordinate doctor appointments or work as a go-between with the adjuster and the injured worker.

Simply put, it’s important to remember where the NCM’s paycheck comes from: the insurance company.

Often times, however, the NCM will attempt to direct you to doctors that might not be in your best interest for treatment purposes, or direct you to doctors that are well-known to release patients back to work before they’re ready. Similarly, the NCM will attempt to influence your doctors into signing reports that may be detrimental to your workers’ compensation claim, or worse: your health.

Even the Supreme Court of Nebraska has stated that NCMs hired by the insurance companies are not considered a benefit to the injured employee.

Simply put, it’s important to remember where the NCM’s paycheck comes from: the insurance company. Consequently, a good “result” for a NCM (released back to work with no additional medical treatment) might not be a good “result” for you. So be careful. Just because your NCM claims that he or she is acting in your best interest, that may not actually be true.

Workers' Compensation Watch

Published by Rehm, Bennett, Moore & Rehm

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Category Archives: Workers’ Comp Q & A

Your employer knows you but does your lawyer?

Truckers are often entitled to benefits from multiple states.

When Do I Need an Attorney?

Should I trust the nurse case manager for my workers’ compensation claim?

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