When you call attorneys about a workers compensation case, the first thing they ask you is whether you have been controverted. The first reason is that as long as you’re being treated fairly by the insurance company, you don’t need an attorney. The second reason is getting your attorney paid.
When the attorney’s office asks you “have you been controverted?”, you need to know there are two kinds of controversions: the first kind is when the insurance company sends you a formal Controversion Notice. It looks like this: Controversion Notice.
The second kind of controversion is sneakier. It’s when the insurance company fails to pay your benefits timely or verbally tells you it isn’t going to pay your benefits but fails to issue the Controversion Notice. This kind of controversion is called controversion-in-fact.
So when you answer the question “have you been controverted?” tell the attorney’s office whether you have received a formal Controversion Notice or, if not, whether you have had problems getting your benefits timely paid: whether your TTD or TPD has been paid timely, whether you are receiving medical treatment or if the insurance company is dragging its feet authorizing your medical treatment.
If the insurance company has controverted you wrongfully, then you should have no problem getting an attorney to represent you in a claim because if your case is won or settled, the insurance company will pay your attorneys fees.
If you have questions about your workers compensation claim, call my office. I have more than 30 years experience fighting for the rights of injured Alaskans. Consultations are FREE. Call 258-7663.