If You Have Symptoms, Tell Your Lawyer Immediately!

We represent a client whose hands were directly injured a few years ago. The insurance company, as part of its defense, is raising a provision in the law which requires an injured worker to file a claim for a direct injury within two years of the accident (WCL § 28). While interviewing the client, we learned that she had been feeling symptoms in her hands years ago, at the same time as she began experiencing the symptoms to other areas of her body. But because she only mentioned that her hands hurt now, we may not be able to get her the compensation she deserves.

Our client told me that originally brought up the symptoms of numbness, tingling and weakness in her hands with her doctor, but he felt these symptoms were related to her neck, another

If you are hurt, tell your attorney everything, even if you aren’t sure if it is relevant.

area where she was injured. The doctor tried to treat her hand symptoms by treating her neck first. He Continue reading →

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Read This Before You Go To An Insurance Medical Examination

Many times insurance medical examinations are considered by injured employees to be the same as Independent Medical Examinations (IMEs). There is nothing farther from the truth. These examinations are bought and paid for by the insurance company and for their benefit.

The insurance carrier doctor is no friend to an injured worker. He or she is a private consultant paid for by the carrier.

You should be prepared for these examinations by knowing your rights and how to protect them:

1) You have the right right to bring a family member or friend with you to the examination.
You can bring your spouse into the examination room during the examination. This is important because it allows for a witness to testify at court about the validity of the examination and to dispute tests that the doctor claims to have done.

2) You are permitted to audiotape or videotape the examination.
And there is nothing in the law that requires you to tell the insurance company doctor that you intend to tape the examination.

3) You should Continue reading →

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Facebook Dangers You Need To Know About

Our post for today comes from our colleague Brody Ockander of Nebraska.

More than likely, you’re on Facebook if you are reading this. If you are not, the chances are very good that you know a close friend or family member who is on Facebook, MySpace, or Twitter.

Most of us never think twice about what we post on these social media sites. However, depending on the privacy settings of your profile, anyone may be able to see the status update on your wall, the photo of you at a wedding, or whatever job you are currently in. That “anyone” could be the defense lawyer or insurance adjuster if you are currently involved in a Workers’ Compensation action.

Depending on your privacy settings, anyone may be able to see the status update on your wall, the photo of you at a wedding, or whatever job you are currently in.

“What do I have to hide?” you ask. Well, often times these status updates, photos, or wall postings may be misunderstood or taken out of context. For example, a status update stating “Just got done mowing the lawn” might not look very good to someone that is off work for a back injury, and it would be hard to explain that even though you mowed the lawn, it took you two pain pills to do so and caused you extreme suffering later that night that you couldn’t even sleep the price you paid in mowing that lawn.

Here’s what you can do to avoid some pitfalls from Facebook:

  1. Adjust your privacy settings so that only your “friends” can see your status, wall, and photos. Continue reading →

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Drug Watch: Zimmer Knee Implants Plagued With Failure

Zimmer is an international medical device manufacturer based in northern Indiana. It was founded in 1927, and focuses on the manufacture of products for orthopaedic surgeries. Zimmer’s sales in 2009 were $1.76 billion, and it is estimated that the NexGen family of knee implants make up about 2% of the overall sales of Zimmer.

Flex implants are not lasting nearly as long as intended.

The Zimmer NexGen Knee Implant is not a specific device, but rather a family of devices. Within this NexGen device family, there are different models of implants: NexGen CR-Flex, NexGen LPS-Flex, NexGen High Flex, NexGen LPS, NexGen MIS.

Unlike most knee implants, the Zimmer NexGen CR-Flex is attached without the use of cement, which may cause the system to loosen or detach completely.

The Zimmer NexGen CR-Flex implant was designed to give patients better range of motion than the customary NexGen device. Scientific studies have been accumulating for years with regard to concerns over the safety of the NexGen CR-Flex. Interestingly, the U.S. Continue reading →

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Emergency Medical Treatment Does Not Need To Be Authorized

When an injured worker needs emergency medical care, prior authorization isn’t always possible and obtaining it does not bar a workers’ compensation claim. When a worker is hurt at work and is rushed to the emergency room for treatment, there often isn’t enough time to seek authorization from an insurance company and to obtain a claim number.

At the time of the treatment, if possible, the injured worker should let the hospital and medical provider know that the injury occurred at work and the exact details of all his or her injuries. This is sometimes an effort since emergency staff are rushed and understaffed. After the emergency care is provided the worker should immediately seek the guidance of an attorney to assist in filing a claim and obtaining reimbursement for the medical care.

At the time of the treatment, if possible, the injured worker should let the hospital and medical provider know that the injury occurred at work and the exact details of all his or her injuries. 

The law provides that the cost of Continue reading →

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Turn Your Home Into A Safe Winter Wonderland!

While many of you have probably already put up your tree, for those of you doing some last minute holiday decorating, we wanted to share a few tips from the U.S. Consumer Product Safety Commisssion (CPSC) to help you make the season bright safely.

CHRISTMAS TREES

  • When purchasing an artificial Christmas tree, check for a “fire resistant” label. While this doesn’t mean that the tree certainly won’t catch fire, it does mean the tree is resistant to burning.
  • When purchasing a fresh Christmas tree, check for freshness. Fresh trees are green, with firm needles that won’t bend or break between your fingers. The bottom of a fresh tree is sticky with resin, and fresh trees shouldn’t lose many needles when tapped on the ground.
  • Place your tree away from fireplaces, vents, and radiators.
  • Heated rooms dry out fresh trees quickly, so make sure to keep the stand you’re your tree is in filled with water and check water levels daily.

HOLIDAY LIGHTING

  • When purchasing holiday lights, make sure only to use lights purchased by a nationally recognized testing agency such as UL or ETL
  • Use newer lights that have thicker wiring and safety fuses to prevent overheating.
  • Check new or old lights for broken or cracked sockets, frayed or bare wires, or loose connections. Throw away damaged sets.
  • Only use lights certified for outdoor use outside. Only plug Continue reading →

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The Hidden Dangers Of Holiday Employment

Our post for today comes to us from our colleague Jon Gelman. Seasonal employment can provide welcome income during the holidays, but it can bring dangerous working conditions along with it.

This holiday season, more than in the past, there will be a serious challenge to workers who are taking on temporary jobs. As the economy continues to be in the ditch, more people are being hired for jobs for which they are untrained and unfamiliar. Injuries will result.

Temporary employees who are injured at work are not accustomed to the procedural requirements to give their employers notice of the injury, and the correct manner and method to seek approved medical treatment. Additionally, benefits paid to seasonal workers are notoriously low and paid sporadically so the computation of rate benefits becomes an issue.

As Eve Tahmincioglu recently pointed out, “employees who end up in retail stores often face grueling conditions Continue reading →

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Monday Q & A: Help – I forgot to keep track of the days I lost!

QUESTION: WHEN I GOT INJURED I DIDN’T KEEP A LIST OF THE DAYS I LOST. DOES THAT MEAN I CAN’T PUT IN A CLAIM FOR WORKERS’ COMPENSATION?

ANSWER: THE EMPLOYER IS RESPONSIBLE FOR REPORTING TO THE WORKERS’ COMPENSATION BOARD ANY DAYS LOST TO INJURY.

Joe had been out with that broken leg from the scaffolding accident for more than a month but less than three. That much he knew. However, he had misplaced his date book, and just wasn’t quite sure when he had returned to work. It was all hazy which might have to do with the mild concussion he had gotten from his fall. Joe was worried that if he didn’t have the exact dates his claim, his Workers’ Comp application wouldn’t be accepted. He began to think it was pointless to Continue reading →

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