Workers’ Compensation Claims

If you are injured on the job in the state of Idaho, the Idaho workers’ compensation law ideally is supposed to provide you “sure and certain relief”. It doesn’t always work that way. You may be legally entitled to receive the following benefits:

Insurance Companies

  • State Insurance Fund/Boise
  • Workers Compensation Exchancge/Lewiston
  • Industrial Indemnity
  • AIG Adjusting
  • Safeco/Boise
  • Associate Loggers/Boise/CDA
  • Liberty Northwest Mutual/Boise
  • ITT Hartford
  • Gallagher-Bassett

Possible Disputed Medicals

  • Denied Surgeries
  • Aggravation of pre-existing conditions
  • Doctor visits
  • Diagnostic studies (x-ray, MRI, CT scan, lab work, pulmonary function studies, etc)
  • Physical therapy
  • Prescription medications (RX)
  • Chiropractic care
  • Surgery
  • Epidural steroid injections (ESI)
  • Sympathetic nerve blocks
  • Spinal column stimulators
  • T.E.N.S. units
  • Hospitalization
  • Psychological counseling

Income Benefits should be paid as long as your doctor believes you are in medical recovery and should be paid as follows:

  • Total temporary disability which is time loss while recuperating
  • Partial temporary disability during part-time work or reduced wage periods
  • Permanent physical impairment which is residual effects of an injury
  • Permanent disability in excess of physical impairment which is based upon your age, education, transferable skills, loss of job market, post injury physical limitations, and potential post-injury wage differential
  • Permanent and total disability which means lifetime benefits

You should contact me if the insurance company is not authorizing the medical care recommended by your doctor; not paying your disability benefits in the correct amount and in a timely manner or their chosen doctor is not providing you with the medical care you deserve.

The Recorded Statement – Should I give one?

Workers’ compensation insurance companies often tell you that they cannot make a decision on your claim until you give a recorded statement to an insurance adjuster or investigator who will ask you loaded questions which are designed to elicit information from you about your injuries.  You should know the why certain questions will be asked in your case before you give a recorded statement to an experienced claims examiner to insure acceptance of your claim.

Occupational Disease Conditions (which includes repetitive use) Are Complex

Occupational disease claims are very complex because the elements required in a case are difficult for doctors to understand. You must prove that you were exposed to a hazard that was “peculiar to and characteristic of” your particular job and the exposure is what caused your disease.  Common examples include carpal tunnel syndrome, lateral epicondylitis (tennis elbow), exposure to chemicals, noxious fumes, toxic substances, cedar dust exposure, rotator cuff tears, and impingement syndrome.

Disability Above Impairment

If your doctor gives you a permanent physical impairment (PPI) rating, the insurance company does not usually inform you that you may be entitled to receive disability payments over and above the PPI award.  When you are approaching maximum medical improvement (release from medical care) and before the IME rating you should contact me so that I can help you evaluate the medical and non-medical factors that are relevant to your disability in excess of impairment claim to insure fair and just compensation. In many cases the disability is worth more than the impairment rating, which the insurance company is required to pay.

Retraining 

In certain cases, you may be entitled to retraining and / or education benefits so that you can be vocationally rehabilitated and future wage earning capacity can be restored to you. This can amount up to about $40,000.00.

Protect your rights with a certified worker’s compensation specialist who has 31 years of experience.