Is Your Workers’ Comp Insurance Company Unresponsive?
Injured workers in Nebraska are entitled to workers’ comp, but they should know what to do when the insurer suddenly stops responding.
Workers’ compensation insurance companies often state that they are advocates for injured employees. Unfortunately, this is not always the case. It is not uncommon for workers to find that the insurance company stops communicating with them at some point during the claim or treatment process. When this happens, workers often do not know what to do, or that they can do anything about it at all. It is crucial that employees speak to a Nebraska workers’ compensation lawyer who can help them claim the benefits they deserve.
Employers Responsibility to Provide Medical Care
Employers in Nebraska have a duty to provide medical care to injured workers. Still, there are instances in which a worker is still experiencing pain or symptoms but the doctor states that they are able to return to work. Employees face extreme challenges in these situations, even when they can afford to seek medical care on their own.
After an employee seeks their own treatment, their employer will often argue they are not responsible for paying for it. Under Nebraska’s Workers’ Compensation Court Rule 50, employees must receive treatment from a doctor of their employer’s choosing in most instances. The only exceptions are when the employee refuses medical care, both parties agree to a different doctor, or there is a court order in place that changes the order.
In these instances, the matter will revolve around what constitutes a denial of care. Employees are typically advised to ask the insurance company directly to provide care, but this is not possible if the worker does not have the proper information or the insurer will not speak to them. In these instances, workers should contact a lawyer who can help them take the matter to court.
Workers’ Compensation and Disability Ratings
After an employee has received care and the doctor releases them from treatment, it is generally assumed that the employee has reached maximum medical improvement (MMI). In some circumstances, however, an employee may still have pain, symptoms, or has not fully recovered from their injury. Sometimes, they never will.
To continue receiving workers’ compensation benefits, the insurance company will have to ask the doctor for an impairment rating. While some injuries, such as those that required surgery, are likely eligible for an impairment rating, that is anot always the case. After an insurance company receives the impairment rating, they are required to pay the value of the impairment to the hurt employee.
Unfortunately, receiving an impairment rating is typically more difficult than receiving medical care. Nebraska law does not provide specific legislation for impairment ratings as it does for medical care. In this instance too, injured workers should also speak to a lawyer that can help them receive proper compensation for the impairment.
Our Nebraska Workers’ Comp Lawyers Can Get You the Benefits You Need
If you have been injured at work, you have a right to receive benefits for medical care and any impairment you may have sustained. When the insurance company no longer responds to you or the insurer or your employer denies benefits, our Omaha workers’ comp lawyers at Andres Law Offices, PC, LLO, are here to help. Call us today at (402) 491-4003 or contact us online to schedule a meeting with one of our attorneys.