Duty to Mitigate

The Insurance Company is Questioning My Injuries – What Should I Do?

February 19, 2018 By James Hoffmann Leave a Comment

The Missouri Workers Compensation system is not your friend.

When you are hurt on the job, you are entitled to collect workers’ compensation benefits. This insurance is mandatory in the state of Missouri. It is a policy that a business or company must take out to ensure that if one of their workers is injured while working, the employer has the means to pay for the injury. That becomes increasingly important if someone sustains a life-altering injury and can no longer work in the same capacity. Medical bills can add up quickly, leaving an uninsured company without the necessary resources.

If you are injured while working and the workers’ compensation insurance carrier is questioning your injuries, the extent of them, or even how they happened, then it is a good idea to hire a St. Louis workers’ compensation lawyer to have on your side. There are common reasons why an insurance company will question your injury, and these are the things that you can do about it.

Questioning the Severity

If the insurance company is questioning the severity of the injuries you sustained, then you will need documentation of your injuries from your physician. The insurance company does have the right to request an independent medical evaluation (an IME). You do have to be evaluated if they order it, or you may not be eligible to collect. The company must pay for the evaluation, but you have to go or you can forfeit your benefits.

Questioning Whether You were Engaged in Work-Related Activities

To be eligible for workers’ compensation benefits, you have to prove that the injury was sustained while you were working under the scope and the authority of your employment. That isn’t always easy. If you are going to talk to the insurance company about what happened, never make any recorded statements or put anything in writing without first consulting a St. Louis workmens comp attorney. Anything you say can and will be used by the insurance company to deny you coverage if they feel they can.

Questioning Whether You Mitigated Your Injuries

When you are injured on the job, you do have the obligation to mitigate your injuries. That means that you have to go to scheduled appointments, follow through with treatment and therapy, and listen to the recommendations from your physician. That also means that you have to return to work when the doctor determines you are capable of doing so. Even if you return in a diminished or alternative capacity, you must return to work when you are able or you can lose your eligibility.

The best thing to do if your injuries are being questioned by an insurance company is to have a St. Louis workers’ compensation attorney represent you to ensure that you are taking the necessary precautions to cover yourself and that you aren’t doing anything to forfeit your eligibility status. You do have to follow through with treatment, but you do not have to make any statements without your lawyer present, especially any that could potentially leave you high and dry.

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Injured at Work? Your Responsibilities Regarding Your Claim

January 30, 2018 By James Hoffmann Leave a Comment

You have an obligation to mitigate your injuries and return to work when you are able.

When you are a business owner in Missouri, it is mandatory that you carry workers’ compensation insurance. Workers’ compensation covers both the employer and the employee should someone be injured while on the job. As a way of protecting everyone, it is used to ensure that a company has the means to cover an employee’s injury without going bankrupt and that an employee isn’t left without recourse if they are injured on the job.

Any employee is entitled to workers’ compensation if they are injured while performing under the scope of their employment duties, regardless of negligence. Unlike personal injury suits, to make a claim for workers’ compensation, you can be negligent (at fault) for your injuries and still collect. That does not mean, however, that if you collect workers’ compensation you don’t have some responsibilities of your own. If you don’t do what is required, you risk losing your eligibility.

You Have to Mitigate Your Injuries

When you are collecting workers’ compensation, you have the responsibility of mitigating your injuries. That means that you are required to do everything possible to make your injury better and follow the advice of your physician. If you don’t take the initiative to follow through with your doctor’s appointments, don’t participate in physical rehabilitation, or miss specialist’s appointments, it is possible for the insurance company to deny you workers’ compensation benefits. It is important that you keep all of your appointments and that you follow through with the recommendations that specialists and physicians make for rehabilitation.

You Have to Return to Work When You are Able

Your physician will determine when you are capable of returning to work. That might not always mean that you can return to your position in full capacity, or even in the same capacity. But if the doctor says you can go back to work, even with limitations, then you have the responsibility to return. Your employer must make the necessary accommodations for your limitations, but you do have to return or have a physician explain why you can’t.

Follow Through with an IME

An IME is an independent medical examination. There are times when your injuries or their severity might be questioned by workers’ compensation insurers. They have the right to order an IME, which means that another medical professional besides your doctor is allowed to examine you to verify that your injuries are real, work-related, and that the extent of them is as severe as reported. Workers’ compensation has to pay for the IME, but you are required to attend or you will likely forfeit your eligibility.

Although workers’ compensation is not based on fault or negligence, that does not mean that you don’t bear some responsibility for your injuries. The objective of workers’ compensation is to provide you a safety net to heal and return to work as quickly as possible. You have an obligation to do so by mitigating your injuries and returning to work when you are able. If workers’ compensation is questioning your eligibility, it is always a good idea to hire a St. Louis workers’ compensation lawyer to be in your corner.

Call the Law Office of James M. Hoffmann to discuss your case at (314) 361-4300 or fill out our online contact form.

Important Steps to Take if You were Injured While at Work

January 21, 2018 By James Hoffmann Leave a Comment

There are steps that you need to take in order to ensure your eligibility for benefits.

In Missouri, employers are required to carry workers’ compensation insurance. Workers’ compensation insurance is meant to both protect the business owner and the employee. It is a way to ensure that if a worker is injured on the job, the company has the necessary assets to cover the cost of their injuries. The difference between being injured while on the job and any other type of personal injury is that if you make a claim for workers’ compensation, you are not allowed to sue your employer, and you cannot receive compensation for non-economic damages like pain and suffering.

Unlike personal injury claims, when you make a workers’ compensation claim, you do not have to prove negligence. In fact, workers’ compensation is available for any worker regardless of whether the accident was their fault or not. But if you are going to make a claim for workers’ compensation, then there are steps that you need to take in order to ensure your eligibility for benefits.

Let Your Boss Know Right Away

When you are injured at work, it is imperative that you let your supervisor or employer know immediately that you have been hurt. Even if you think it is nothing serious, you need to let your employer know and fill out an injury report, just in case. If you don’t say anything, then you might have a hard time proving that your injury was sustained while you were working.

Seek Medical Attention

If you are injured while working, you also have to seek medical attention. If you don’t go to the doctor and have your injury evaluated, there is no way for you to prove that you sustained an injury. Don’t ever assume that your injury is insignificant and forgo seeking the medical care you need. Not only will you need documentation of your injury, but if it turns into something serious, you will have to have proof of causation – which can only be documented by a medical professional.

File in Time

There are statutes of limitation in place as to when you can file a claim for workers’ compensation. You have to file a claim within 30 days of when the injury occurred. Even if you are waiting to find out what the extent of your injuries is, don’t wait to file a claim. Get the process going immediately so that you don’t miss the timeline. If you don’t file in time, then it is possible that you will not be eligible for workers’ compensation benefits.

Keep Your Appointments

You have a duty to mitigate your injuries, which means that you can’t do anything to make your condition worse. And you also have an obligation to return to work as soon as you are capable. If you miss appointments or don’t follow through with physician’s recommendations, that might affect your eligibility status. So it is important for you to do all that you can to limit your injuries.

Contact a Work Comp Attorney

If you have been injured at work and have any questions regarding your workmens compensation case, contact the Law Office of James M. Hoffmann. For more than 20 years our firm has helped hundreds of victims of work accidents receive the compensation they need and deserve. When injured, you need answers and money quickly. You have bills to pay, a family to take care of, and a job to go back to. We will strive to resolve your claim quickly.

Call us at (314) 361-4300 or fill out our online case evaluation form to request a FREE consultation.

What is My Duty to Mitigate Injuries?

January 20, 2018 By James Hoffmann Leave a Comment

You have to take active steps not only to make your injuries better, but to ensure that your actions don’t make them worse.

Businesses in Missouri are required to carry workers’ compensation insurance. Workers’ compensation insurance is a type of policy designed to protect both an employer and an employee if the employee is injured while on the job and working under the scope of their employment activities. Workers’ compensation is a system that is based on no-fault, which means that an employee can be at fault for their injuries and still be eligible for compensation. But that does not mean that they do not have specific obligations related to their injuries.

What is a Duty to Mitigate?

To collect workers’ compensation benefits you must do specific things and prove not only that your injuries were sustained while you were working under the scope of your employment, but also that you were actually injured. Part of proving your injuries are real, is seeking the medical attention that you need to show that you were injured. However, having proof of your injury is only part of your responsibility.

Your employer will want you to return to work as quickly as you can to limit their responsibility for your injury compensation. Because of this it is imperative that you take all the steps necessary to heal and get back on track. You do have a duty to mitigate your injuries, which means that you have to take active steps not only to make your injuries better, but to ensure that your actions don’t make them worse.

For instance, if you miss doctors’ appointments, then the insurance company can deny you benefits by claiming that you are making your injuries worse and that if you were following your duty to mitigate your injuries, you would already be healed and back to work. Make sure that you go to all of your appointments and have everything documented so that you don’t lose your eligibility.

Following Recommended Treatments

Also, if you are given treatment options that will help your condition, and you either deny them or fail to follow through with recommendations, then the insurance company might have grounds to claim that you are failing your duty to mitigate your injuries. For instance, if you broke your leg and were given the option of surgery to correct it but refused to have the surgery, then the insurance company can claim that you didn’t do all that you could to get better and return to work.

If there are medical procedures that will make your injuries better, then yes, you more than likely need to follow through with them to prove that you are doing everything possible to return to work in a timely fashion.

Your Duty to Mitigate

To make sure that you are following through with your duty to mitigate, you have to document all your medical procedures, diagnoses, and show up for all your scheduled appointments. It is also an excellent idea to have the help of a St. Louis workers’ compensation attorney in your corner to ensure you are taking the proper steps to receive the benefits you are entitled to.

If you have nay questions regarding your workers compensation claim, call the Law Office of James M. Hoffmann at (314) 361-4300 or fill out our online contact form.