Can a Lawyer Help Me Prove I am Not Faking My Workplace Injury?May 24, 2023
Workers’ Compensation claims get denied when claimants fill in paperwork incorrectly or forget to submit doctors’ reports, but these tend to be minor issues. These mistakes can usually be corrected when completed promptly, but in other instances, insurance companies believe that claimants are faking their workplace injuries.
If you learn your claim is being investigated or denied, an experienced Workers’ Compensation lawyer can put you one step ahead. A lawyer might be able to get your claim processed without further problems or reach an acceptable settlement. Other legal action may be necessary if a resolution cannot be reached.
An attorney can research and get your medical records and other evidence to prove that you are not faking your injuries. They can help refile the claim for you, too. They can also gather evidence about the work-related accident or injury and file an appeal should it get to that point. In the meantime, you can contribute by journaling about your symptoms and following the doctor’s orders closely.
If you realize that a Workers’ Compensation investigator monitors your actions, this should be discussed with your lawyer. Keep track of what the investigator is doing.
What Should I Say to a Workers’ Compensation Doctor?
Workers’ Compensation policies often require employees to undergo independent medical exams (IME) with contracted providers. Even though you might see your physician, the insurer might require you to be examined by one of theirs. The IME is one of the essential things the insurer’s review, so it is important to see one of their providers when specified.
Even if your doctor has completed a medical exam, the IME provider may do another one, plus additional tests. They will ask about pre-existing conditions, past injuries and illnesses, and details about the incident. Be open about sharing your medical records, and answer all the questions truthfully. Refrain from exaggerating the symptoms. Do not leave out details about the accident. It is best to answer the questions without elaborating too much and to be as polite as possible.
Do not become argumentative if your employer doubts your injury or illness is legitimate. Anything you say might be taken the wrong way.
Baltimore Workers’ Compensation Lawyers at LeViness, Tolzman & Hamilton Represent Employees Accused of Falsifying Workers’ Compensation Claims
An accusation of Workers’ Compensation fraud can be devastating, particularly for employees undergoing treatment who cannot return to work. If you are in this situation, contact LeViness, Tolzman & Hamilton for a free consultation. Our skilled Baltimore Workers’ Compensation lawyers can explain your options and will fight to protect your rights. Call us at 800-547-4LAW (4529) or complete our online form.
We have offices in Baltimore, Glen Burnie, Lanham, and Owings Mills, allowing us to represent clients in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.