Understanding Injury Claims
Countless situations can arise with respect to injury claims. This is true whether you are dealing with an auto accident or a work (BWC) injury claim.
The following are five important things to know generally about injury claims.
Prompt Medical Attention is Crucial
Often, people injured in accidents do not seek immediate medical attention. They might wait to see if the injury resolves on its own. While such a reaction is rational, this delay will often be used against the person who later seeks medical attention and brings a claim.
It is almost always advisable to at least get checked out by a licensed professional following a work or auto accident. This can save a great deal of trouble, particularly where the injury develops into something serious.
Documentation of Injuries
Medical Records Vary in Quality
We have reviewed countless medical, chiropractic, and physical therapy records. From experience, some providers do a great job of documenting symptoms, objective test results, diagnoses, and treatment rendered.
Most, in our humble opinion, do not. This is a very unfortunate reality for many persons who bring injury claims. Lack of documentation significantly impairs one’s ability to make a full recovery.
It can be advisable to have candid discussions with one’s providers about what is going into the records. At a minimum, objective test results and accurate diagnoses in the records are important.
Proof is Essential for Recovery
This point is connected to the previous one. An individual who seeks no treatment (and therefore gets no documentation of their injuries), despite being injured, will not generally see a good recovery.
Similarly, where there is an issue over liability or whether an accident took place, a claimant will want to have documented proof. This ensures that one’s claim is not denied or compromised because of such issues.
Treatment Gaps and Permanency
Avoid Gaps in Treatment
This point is connected to delays in treatment and the need for proof. Just as delays in treatment may be held against a claimant, gaps in treatment may similarly compromise a claim.
This occurs, for example, when someone goes to the emergency room initially but then does not follow up with another provider until four weeks later. The defense may then argue that the subsequent treatment is not related to the accident.
It is often advisable to regularly treat one’s injuries (where reasonable to do so) so such arguments are not levied against you.
Documenting Permanent Injuries
Many times, clients unfortunately never completely heal from a car crash or work injury. When this happens, it is important to get a medical opinion documenting such a permanent injury.
Otherwise, one’s insurance or BWC claim may be compromised with respect to full recovery.
Often times people who are injured in accidents will not seek immediate medical attention and wait to see if the injury will resolve on its own.
McKenzie & Snyder tackles work and auto injury claims in Greater Cincinnati and Dayton, including Mason, West Chester, Mt Healthy, Colerain, Ross, Monroe, Fairfield, Hamilton, Middletown, Reading, Forest Park, Avondale, College Hill, West Chester, Lebanon, Loveland, Cheviot, and more.
Written by Andrew Tobergte
