Medical Benefits in General

emotional-injurySteve Gurwin believes that the issue of medical benefits is one of the most important parts of your case. Obviously, it is important to get you as much money as possible. However, it is equally as important to get you the proper medical care that you need, so that you can return to the workplace and have a good quality of life.

Unfortunately, the doctors who will be taking care of you have been selected by the insurance company, and they are being paid by the insurance company. Often, the doctors who treat you are more interested in protecting the insurance company than in providing you with the quality care which you deserve. As a result of this, the workers’ compensation doctors who control your medical care often try to cut off your medical care too early, and do not give you the medical care that you need. This will please the insurance company and save it money, but it is very unfair to you and your family.

When treating physicians declare the injured worker to be at maximum medical improvement (MMI) too early, this not only stops the checks which the injured worker has been receiving from the insurance company for lost wages, but it also severely limits the medical care which the worker will receive in the future. As stated previously, doctors often do this to please the insurance company, and it is the injured worker and his family who suffer the consequences.

Prevent Premature MMI Declaration

One way to prevent an early declaration of MMI by your physician is to ask for a change in physicians. This is a complicated process, and the timing and the circumstances are critical. There are certain time deadlines for requesting a change in physicians, and it is important that these deadlines not be missed. It is also possible to take the issue before a workers’ compensation judge, and ask for a change of physicians at that time.

If your doctor has prematurely declared you to be at MMI, there are certain procedures for fighting this determination. It is possible to appeal the decision, by asking the Division of Workers’ Compensation to assign a new doctor to your case, to see if the new doctor agrees that you are really at MMI. If the new doctor disagrees with your treating doctor and says that you have not yet reached MMI, then your checks will generally resume, as will your medical care. There are critical time deadlines which have to be meet in order to successfully challenge a determination of MMI. Steve Gurwin knows these deadlines, and will make sure that all deadlines are met in your case.

If the new doctor assigned by the Division of Workers’ compensation agrees with the treating doctor, and agrees that you are at MMI, then the next step is to take the question to hearing before a workers’ compensation judge. At the time of the hearing, Steve Gurwin will present evidence, including medical evidence, in your behalf. The judge will be able to make his own independent decision as to whether you are truly at MMI.

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