When you start looking for an attorney to handle your workers compensation claim, you will quickly find out that attorneys will ask you to pull together a number of records to review. At the very least, he or she will want to see all of your medical records since your date of injury, the report of the insurance doctor (EIME), if one exists, and the controversion notice, if one exists. Depending on the circumstances, the attorney may want to request more documents in order to review your case.
There are two basic reasons why attorneys ask for the file before deciding whether to accept the case: first, in order to evaluate the case properly, and second, it is a test.
It is difficult for an attorney to determine whether he or she can help the claimant without reviewing the file because Workers Compensation law, and the process, is complicated and each case is unique. Many claimants have seen a number of doctors before they call an attorney, so obtaining their medical records can be a complicated and tedious process. Moreover, where many doctors will give their patient a copy of the file for free, they charge attorneys up to $75 or more for the records, even if there is only one visit. It’s easy to see that if attorneys went to the expense and time to collect documents for every person that called, he or she would not have time to devote to pursuing his client’s claims.
The second reason for asking claimants to gather the records is that, it is a test. If a claimant does not have enough motivation to collect the files, then he or she probably doesn’t have enough motivation to see the case through. If he or she cannot or does not follow directions, then he or she will be a difficult client to work with because the claimant must cooperate during the case in order to proceed.
So if you are serious about your workers compensation claim, collect the records which are asked of you. All of them.
The Law Office of Keenan Powell provides free consultations regardless of whether or not you have been controverted. To contact Keenan Powell, use the contact form on this page or call 258-7663.
For more information about Workers Compensation, see: http://www.keenanpowell.com/faq-wc.html.