What steps can you take to increase the settlement value of your Georgia workers’ compensation case? One of the most powerful strategies we can do together has to do with positioning your medical records to accurately document your work injuries.
As you may suspect, there is a very real danger that the doctors authorized by your employer and their insurance company will have a bias that does not favor you. The insurance company wants you to treat with a doctor who will not order expensive diagnostic tests and who will release you back to work prematurely.
While most of us were brought up to think that a doctor has only our best interests at heart, this is, unfortunately, not true in a workers’ compensation setting. Many physicians get all of their business from insurance companies and this influences what they say in their records and how they treat you. If you have ever been to an “industrial clinic” you will know exactly what this bias looks like in real life.
Because we cannot assume that the medical records from the insurance company’s chosen doctors will be accurate, I read every page of those records as soon as I can get them. I counsel my clients about how to speak to the doctor so that accurate records will be generated. And if I see that your medical condition is not improving I use our rights under Georgia’s workers’ compensation laws to insist on a change.
Georgia law gives us the right to demand a change in treating physician or to request an independent medical examination with a doctor of our choosing. These rights can be powerful tools to beat back the insurance company runaround.
Further, with almost thirty years of experience representing injured workers, I also know which doctors are trustworthy and which ones are not. If my client needs a referral to a specialist, I will not agree to a referral to certain doctors and many times I have been able to protect my clients by negotiating with an insurance adjuster or opposing counsel for a referral to a more reasonable physician.
Because I know that insurance companies will try to play games with your medical treatment and push you towards biased doctors, I insist that you and I speak or email regularly when you are treating with one of these workers’ compensation doctors. I need to know what the doctor is telling you and your response in real time. I will give you specific advice about what to say to your doctors so that there is no room for confusion.
This is the reality of medical care in the context of your work injury case. Your employer and their insurance company will try to steer you towards doctors who will minimize your symptoms and downplay the severity of your injuries. I will not agree to these bogus referrals and will use every tactic available to me to get you quality medical care.
Our ongoing communication about the treatment you are receiving is a key to protecting your interests. And when it comes time for settlement negotiations or a settlement mediation, we will be prepared to put forward the strongest possible case.