Top 5 Most Frequently Asked Workers Compensation Questions

Do I need to treat with the company doctor?

One of the common questions I get is ‘Do I need to treat with the company doctor?’ And the answer to that question really depends on whether the employer has set up a list of doctors for you to choose from, and whether they have done that list properly. So we need to gather information about your case to find out whether that has been done. If it hasn’t been done, you can treat wherever you would like.

Can I be fired if I’m out of work with a job injury?

Another question I get asked regularly is, ‘Can I be fired if I’m out on Workers’ Compensation?’ And the answer is yes, you can. Unfortunately, the Workers’ Compensation act does not protect your job. Other things may protect your job, if you’re a union employee, or you have a written contract, or there is a policy manual, there may be protections built into your job situation, but again it varies by case.

How long will my workers’ comp benefits last?

I get asked a lot about how long benefits ask — ‘How long do I get workers’ compensation benefits’? The reality is that those benefits are theoretically lifetime, but in practice they are never lifetime. There are a lot of ways insurance companies can limit how long you get your benefits. And those types of landmines are the things I can help you avoid — to try to keep your benefits as long as you need them.

Should I settle my workers’ comp case?

I get asked a lot ‘Should I settle my case?’ Two things should always be true before you settle your case. First, you should be medically stable. And second, you should have a plan for what you’re going to do after you settle your case. Only on rare occasions should you settle your case if those two things aren’t true.

How much is my Workers’ Compensation case worth?

‘How much is my case worth?’ I get asked that question a lot. That is a very case specific question also. It’s driven by two things. It’s driven by how much you’re costing the insurance company in workers’ compensation benefits, and it’s driven by how much your medical bills are. When we look at those two factors, we can then properly assess it.

The advice offered above is general in nature and may not be applicable to every case. Consultation with an attorney is highly recommended. Reliance on this advice does not represent the formation of an attorney-client relationship in the absence of a fee agreement with Mr. Hillsberg.