November 13, 2007
How Can a Lawyer Help You With a Workers' Compensation
Claim?
Published in Chronic Pain Report, Summer 2007, by Michael T.
Farrell, Ph.D. & Assoc.
Over the years, the workers' compensation
process has evolved from a simple government program with good intentions into
a complex maze of forms, guidelines and rules.
This is due to ongoing efforts by competing political interests across the state
of Ohio to maintain a program that is fair and equitable to all workers. It is
a bureaucratic system that is complicated and often overwhelming for an injured
worker to navigate.
What average person knows or understands the meaning of cryptic initials like
MCO, TTD, PTD, LMWL, or ADR dispute? The reality is that most injured workers
are not at all familiar with these terms.
Dealing with the stress of an injury and all the worries and hardships that come
with it make it even more of a burden to try to maneuver through the tangle of
policies, procedures and paperwork that a workers' compensation claim entails.
A Licensed Practicing Attorney is a valuable advocate for the injured worker.
Evolution of Workers' Compensation
In the 1930's, when legislation created
the "no fault" system of Workers' Compensation benefits, the structure
was simpler than it is today. Claims processing was far less intricate and injured
workers were able to apply for and receive benefits without having to hire a lawyer.
Injured workers could promptly get the medical attention they needed in order
to safely return to work.
Today, the political interests of labor and business are so strong that the Workers'
Compensation system receives constant legislative attention. Elected government
leaders have passed a half dozen Workers' Compensation reform bills over the last
20 years and they continue to revise and amend and adjust the rules and procedures
as time goes on. The end result is a system that is unwieldy in its breadth and
unmanageable by most individuals, who have little or no experience dealing with
the intricacy of the legal system.
Workers' Compensation Today
In a perfect world, injured workers would not
need a lawyer to protect their rights. However, today's claims are administered
by private insurance entities, called Managed Care Organizations (MCOs). Similar
to the traditional health insurance company, these organizations have the responsibility
of approving or denying requests filed by injured patients' doctors for medical
care. Managed care organizations (MCOs) are motivated to deny approval for treatment
because they receive bonuses from the State government when medical costs are
reduced. As a result, rehabilitation programs designed to assist the injured worker
in getting back to work are routinely denied. An injured worker has to be very
persistent and diligent in proving their need for treatment. It is imperative
that workers seek counsel from an attorney to help them do this.
Protecting the Rights of the Injured Worker
A lawyer can also help the
injured worker in the pursuit of awards for any permanent residual impairment
after an injury. If an injured worker has to return to work at a lesser paying
job due to permanent residual impairment, an attorney can work to obtain supplemental
wage loss benefits.
Under the existing system, Counsel is necessary to assist the injured worker through
this complex process so they are assured access to the best medical recovery available
before returning to work.
There are many excellent, caring attorneys who practice in this area of law who
are ready and able to help injured workers obtain the best financial and medical
recovery possible. I encourage you take advantage of their guidance to achieve
the most beneficial results, protecting your rights to ensure the system works
for you as fairly and equitably as possible.
Written by Joseph A. Butkovich, Esq., managing partner of Butkovich & Crosthwaite
Co. L.P.A. |
