Insurance Company Tactics In Workers' Compensation Claims

Workers' compensation is a federally mandated benefit provided for almost every American worker.  This does not mean that the federal government is actually paying for it.  Your employer pays an insurance company, and like most insurance companies, those that cover workman’s compensation are not happy about having to make big payouts.  If you are injured at work, it is important that you follow the procedures for reporting the accident or injury and in receiving medical treatment.  If for any reason your claim is denied or benefits stopped, you will need to contact a St. Louis workers compensation attorney to help you appeal the decision.

For the vast majority of employees who are injured at work, they just want their medical expenses and wages taken care of while they recover.  Since workers' compensation is paid by big insurance companies with deep pockets, this is unfortunately not what usually what happens.  There are some common tactics they will employ to either decrease the amount of your benefit or cut it off altogether.

Getting Compensated

One common thing they will try and do is pay you at the wrong rate.  They will overlook such important items as overtime or tips when calculating your pay rate.  They may also make errors with your filing status or number of dependents when issuing the check.  If you think that you are not receiving the full 2/3 of your wage that Missouri allows, speak with a Missouri workers compensation attorney on how you can get that number increased.

Believe it or not, the insurance company is watching you.  Just like in any personal injury case, workers compensation insurers are not above hiring professional private investigators to monitor your movements after you file a claim.  This tactic was used on a St. Louis employee who had injured his back during the scope of his employment.  Investigators videotaped him doing various activities including mowing the lawn and other yard work.  Although compelling, his St. Louis workers' compensation attorney was quick to point out that for days following these activities, the employee was not captured on video because he was laid up from the pain.  He also noted how strong narcotics were required beforehand.  The judge decided in favor of the worker and declared that the video did little to prove a lack of disability.

Medical Treatment

Another trick they employ is with the doctors that you are required to see.  While supposedly independent, some physicians have been treating workers for the insurance company for a long time.  The insurers know how a particular injury will be viewed by them.  You do have the right to a second opinion if a request is submitted in writing.  Your workers' compensation attorney can help you draft that request.

St. Louis Workers Compensation Attorney

It is a shame that a system designed to protect employers and workers is abused in this way.  While the one instance of employee abuse will be used as evidence of fraud, the thousands of cases where an insurance company wrongfully denies a claim will go unnoticed.  Don’t let that be you.  If you are being denied your rightful benefits speak with an experienced St. Louis workers compensation lawyer at the Law Office of James M. Hoffmann. Call (314) 361-4300 to schedule a free consultation.

photo credit: HooLengSiong via Flickr