There are parts of our workers compensation system that I really like and there are parts that I do not like. One benefit that is wonderful when it works correctly is the right to lifetime medical benefits for your workman’s compensation injury. Basically, in Tennessee if you sustain a permanent injury as the result of a work accident you are entitled to medical benefits for that injury for the rest of your life. Unfortunately, the insurance carriers will often deny these benefits by claiming the needed medical treatment is not related to the original injury.
If you had a TN comp injury and now need medical treatment for that injury it is very important that you have good communication with your doctor. The approval of these medical claims will usual rise and fall based upon your doctor’s opinion as to whether the need for treatment is related to the original injury. As such, if you are anticipating future treatment do not wait until the last minute to see your work comp doctor. Be sure to visit when needed and discuss any progression in symptoms and build your relationship. If you are honest and straight forward with your doctor they will usually stand by you if the insurance company turns down your claim. So much if your case will rest in their hands so keep that relationship strong.
It is also important to note that if the workmen compensation insurance company denies the medical benefits and a court finds the denial to be in error then you will be awarded attorney fees. As such, our office is able to take these cases without charging the client. We only get paid if we win the case. Of course, that also means we need to feel good about being able to win a case before we accept them. These cases can be expensive to try and very time consuming so most attorneys want good medical documentation supporting the need for treatment and relating the need to the original comp injury. Without that medical support they are hard to win. So again, do your best to create a strong working relationship with your doctor. It will help you, your lawyer and the Court will have a better understanding of your medical needs.
If you have any questions, please feel free to contact my law office.