Workers' Compensation Attorneys

Absent a true emergency jeopardizing health, safety, or welfare, it is advisable to first seek treatment through the employer's workers' compensation insurance. The insurance company should be given a reasonable opportunity to provide care and treatment.

Unfortunately, in most circumstances, you may not select your own doctor for treatment. If your care is being delayed, talk to an experienced attorney first — so you do not become responsible for unauthorized medical bills before you seek care on your own.

Preexisting injuries can absolutely affect the outcome and medical coverage of a workers' comp case. In many situations the relevant question is whether the major contributing cause of the need for treatment is the workplace injury — and in some cases the employee has the burden to show the work injury is the clear and convincing cause.

The insurer may begin providing care while it works through these questions during a 120-day investigatory period. This is one of the most complex parts of a workers' comp case, and it is much easier to handle on the front end than to untangle later.

Employees have a duty to try to resolve disputes before initiating litigation. Once litigation begins, the law says the issue should be decided within 210 days of when the formal petition for benefits is filed. That can be delayed in certain circumstances, but with an efficient litigator by your side, those delays are rare.

In most workers' comp cases, our fees are payable over and above your award — recovered directly from the defendant, not deducted from your benefits. Commonly, our clients pocket the entire award while we collect fees and costs separately from the insurance company.