Medical Benefits in Workers’ Compensation Claims
Tuesday, August 24th, 2010Medical Benefits in Workers’ Compensation Claims
If you have been injured on the job one of the first things you need to know is whether or not your medical bills will be covered by Workers’ Compensation. You need to know what type of treatment and supplies are covered and what you must do to make sure that the eligible treatment you seek and receive is paid for. All of your medical needs and expenses associated with your work-related injury should be covered by Workers’ Compensation benefits, but there are some rules and limitations. Unfortunately, many employers and their insurance companies work hard to exploit these rules, and some will even break the law, to minimize what they must pay.
Workers’ Compensation Medical Benefits
Understand that every case is unique and you may have a fight on your hands when it comes to coverage for your medical care. Generally, Workers’ Compensation medical benefits include treatments and expenses that:
• Cure or correct the injury
• Improve disability caused by the injury
• Relieve pain caused by the injury
Workers’ Compensation medical benefits should pay for your doctor visits, medical procedures such as surgery, and any medications you must take. It may also cover your health and disability-related needs including special equipment.
In some cases, travel expenses for medical care may be covered based on a per-mile rate. You may also be reimbursed for lodging and meals.
Control of Your Medical Treatment
Control defaults to your employer or its insurance company. They decide which doctors and other medical providers you must use. They may also assign a rehabilitation nurse to manage your case.
Typically, employers and their insurance companies will choose the providers that are most likely to work in their favor. You may wind up with a doctor who says you are ready to return to work before you are able, and that can mean having your benefits cut short.
You can see the doctor of your choice, but if you make the change on your own your bills may not be covered. In North Carolina, if you can show good grounds for changing doctors, the Industrial Commission may grant you permission to do so. You must have written approval from the Industrial Commission, your employer, or your employer’s insurer, to guarantee that your bills will be covered.
Time Limitations on Medical Benefits
There is no set time limit for how long you can receive medical treatment under Workers’ Compensation. This benefit lasts as long as medical treatment, for your work-related injury, is required.
However, if you go two years without a payment, your benefits will expire. If you think your condition is going to cause you to need medical treatment in the future, you must file a form with the Industrial Commission before the end of that two year period, and get their approval, to keep your benefits available for your future medical needs.
If you live in North Carolina and have been injured in a work-related accident, please visit the website of White & Stradley, LLP to learn more about North Carolina Workers’ Compensation benefits
.
Listen in as Gerry explains how a medical malpractice victim can obtain full and fair compensation. Gerry Oginski is an experienced NY Medical Malpractice trial lawyer. He practices in Brooklyn, Bronx, Queens, NY, Staten Island, Nassau & Suffolk. For more info: www.oginski-law.com or call Gerry personally at 516-487-8207.
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