How can you get workman's comp to pay for the surgery you need from your work injury?

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You've Had a Serious Injury at Work and You Need Surgery.

How do you handle that - workman's compensation is too slow.  If your doctor says you need surgery, and you trust him and feel that you need the surgery he recommended, here's what may happen:

The workman's comp adjuster can still deny the surgery.  She may have you see one of the insurance doctors - and you know what they will say.  Or she will have a utilization review, where some doctor you've never seen, who usually isn't even a surgeon, reviews only some of your medical records and says you don't need surgery for your work injury. You need to request a hearing the minute that adjuster denies the surgery or sets you up to see an insurance doctor - don't wait.

There is already delay built into the workers comp system and the best way to force them to authorize the surgery you need is to force the issue. That's exactly what we do when we request a hearing for our clients. A hearing is something you can file for within the Administrative Hearings Division in order to get your issue heard before a judge. It's important to move quickly with a hearing rather than trying mediation first, especially if your return to work hinges on getting the surgery. We've seen this a lot with people who tear their rotator cuffs or meniscus.  Sometimes people with these types of injuries are able to return to work after surgery, so it's very important to get the surgery as soon as possible.

Can I Go to a Formal Hearing Without a Lawyer?

You could, but we don't recommend it. Our experienced workers compensation attorneys can manage all aspects of your claim while we are getting your surgery authorized, so you don't have to worry about discovery, depositions, and evidence. We highly recommend hiring a workers compensation lawyer with civil trial experienced and is Board Certified.  Contact us today at 202-393-3320 to find out if we are the right lawyers for you.

Frank R. Kearney, Attorney-at-Law
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Experienced DC Workers' Comp, Long Term Disability & Accident Lawyer