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 good things to know generally about injury claims.
#1: Delaying Treatment Can and Often Will be Used Against You
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. While such a reaction is rational, the delay will often be used against the person who later does seek medical attention and brings a claim.
It is almost always advisable to at least get oneself checked out by a licensed professional following a work or auto accident. This can save one a great deal of trouble particularly where the injury develops into something serious.
#2: Not all Medical Professionals Do an Adequate Job of Documenting Injuries
I have reviewed countless medical, chiropractic and physical therapy records and know from experience that some providers do a great job of documenting symptoms, objective test results, diagnoses and treatment rendered. Most, in my 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 fully recovery.
It can be advisable to have candid discussions with one’s providers about what is going into the records. At a minimum, I like to see objective test results and accuarate diagnoses in the records.
#3: Recovery is Not about What You Go Through, it is About What You Can Prove
This point is connected to point #2. The individual who seeks no treatment (and therefore gets no documentation of his/her 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 thereof so that one’s claim is not denied or compromised because of such issues.
#4: Gaps In Treatment May Be Held Against You
This point is connected to points #1 and #3. In the same way that delays in treatment may be held against a claimant, gaps in treatment may similarly compromise a claim. This occurs, for example, where one 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 therefore to regularly treat one’s injuries (where reasonable to do so) so such arguments are not levied against you.
#5: If you Have a Permanent Injury, Documenting Such Permanency Can Be Beneficial
Many times we have clients who, unfrotuantely, never completely heal from a car crash or work injury. When this happens, it is important to get medical opinion documenting such permanent injury. Otherwise one’s insurance or BWC claim may be compromised with respect to full recovery.
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