How To Protect Your Workers’ Compensation Rights When Getting Medical Care
By David Klein of Klein Law Group PC.
Urgent Care, CityMD, and other 24-hour walk-in medical clinics offer a great service to New York’s working men and women. However, some of my clients have let me know of a recent development concerning walk-in clinics that I want urgently to bring to your attention.
It is best to never fill out a workers’ compensation claim form at a medical walk-in clinic. It’s absolutely your right to do so-however, I hope after you read this article you’ll understand how it can keep you from getting the workers’ compensation benefits you deserve. It is much better if, before you fill out any workers’ compensation form, you consult an experienced workers’ compensation attorney.
Here’s why:
Workers’ compensation is not a guaranteed automatic entitlement . It is a claim against an insurance company. Your employer’s insurance company may elect to pay you, or may elect to fight your case. Any statements that you make, either verbally or on paper, might be used by the insurance company to deny or delay you from getting your rightful benefits.
Many people have both a workers’ compensation and a personal injury/negligence law suit. Statements you make on a workers’ compensation claim form can be used against you in both cases.
A doctor or medical clinic offers you a vital and important service. Naturally, they are concerned about getting paid-that’s why they hope you’ll fill out paperwork right away. However, what clinics might not understand is that it’s often in the clinic’s best long-term interest to not give you workers’ comp papers to fill out–but wait until you have a chance to consult with a lawyer. That is the best way for both the doctor-and you-to have the best shot at the fullest justice.
When a case is not rushed-but handled with organization, efficiency, and the wisdom that comes with decades of legal experience-the insurance company has much less power and leverage. And you, the injured worker who deserves the fullest benefit of the law, are in the best position to win your case.
