The Idaho workers’ compensation system has undergone major change in the past several years. The days when insurance companies paid medical benefits and income benefits to injured workers without question are gone. The truth is that insurance companies increase profits by controlling costs. Aggressive claims management can risk your health and jeopardize your recovery. Please contact Rick D. Kallas today for your free work comp case evaluation. I work on a contingency fee basis so you pay no attorney’s fee unless we recover money for you.If your work injury caused a mild traumatic brain injury, a herniated disc in your neck, a herniated disc in your back, a rotator cuff tear in your shoulder, lateral epicondylitis in your elbow, carpal tunnel in your wrist, a torn meniscus or ACL in your knee or an injury to your hand, foot, ankle, or any other body part or you suffer from an kind of occupational disease, the insurance company might owe you medical benefits, temporary disability benefits, permanent impairment benefits and / or disability above impairment benefits.
Areas of Practice
The Idaho Workers’ Compensation Act
If you are injured on the job in the state of Idaho, the Idaho workers’ compensation act promises you “sure and certain relief” [See I.C. §72-201]. That sure and certain relief is supposed to come to you in the form of medical benefits and income benefits. You may be legally entitled to receive the following benefits:
- Doctor visits
- Diagnostic studies (x-ray, MRI, CT scan, lab work, pulmonary function studies, etc)
- Physical therapy
- Prescription medications (RX)
- Chiropractic care
- Epidural steroid injections (ESI)
- Sympathetic nerve blocks
- Spinal column stimulators
- T.E.N.S. units
- Psychological counseling
- Total temporary disability (TTD)
- Partial temporary disability (TPD)
- Permanent physical impairment (PPI)
- Permanent disability in excess of physical impairment (PPD > PPI)
- Permanent and total disability (PTD)
You should contact me if the insurance company is not authorizing the medical care recommended by your doctor, not paying your disability benefits in the correct amount and in a timely manner or your doctor is not providing you with proper medical care.
Your Burden of Proof Under the Law
The law places the burden of proving each element in the prima facie case for an ACCIDENT / INJURY claim or an OCCUPATIONAL DISEASE claim on the injured worker. The first duty that you have as the injured worker is to provide your employer and its insurance company with timely WRITTEN NOTICE of your accident / injury or the MANIFESTATION of your occupational disease. If you fail to provide proper written notice in a timely manner, the insurance company will probably DENY your claim. The information and timing of your WRITTEN NOTICE is very important and usually determines whether your claim is accepted or denied.
The Recorded Statement
Worker’s compensation insurance companies often tell you that they cannot make a decision on your claim until you give a recorded statement to an insurance adjuster or investigator who will ask you detailed and loaded questions which are designed to elicit information from you about your claim. You should always tell the truth when giving a recorded statement. However, you need to understand the legal elements in your case before you give a recorded statement.
Selection of Your Medical Provider
Most employers / insurance companies seize control of your claim by telling you that you must go to one of their “designated” or “approved” medical providers that they have established a very close and reliable working relationship with. Idaho Code §72-432(1) does not expressly state your employer or its insurance company gets to select your doctor. The selection of a quality medical provider is very important to the type and quality of medical care you receive.
Occupational Disease Claims Can Be Complex
Occupational disease claims are very complex because the elements in the prima facie case are difficult for doctors to understand. You must prove that you were exposed to a hazard that was “peculiar to and characteristic of” your particular job and the exposure is what caused your disease. Common examples include carpal tunnel syndrome, lateral epicondylitis (tennis elbow) and exposure to chemicals, noxious fumes, toxic substances, etc.
Disability Above Impairment
If your doctor gives you a permanent physical impairment (PPI) rating, the insurance company does not usually inform you that you may be entitled to receive disability payments over and above your PPI payments. You should contact me as soon as your doctor tells you that you are approaching maximum medical improvement (MMI) and before he issues your PPI rating so that I can help you evaluate the medical and non-medical factors that are relevant to your disability in excess of impairment claim.
In certain cases, you may be entitled to retraining and / or education benefits so that you can be vocationally rehabilitated and your date of injury wage earning capacity can be restored to you.
Social Security Disability Claims
If you are disabled from work, you may also qualify for federal Social Security Disability benefits. I have helped many of my worker’s compensation clients qualify for Social Security Disability benefits. The medical evidence is the same, but the legal standards are different.
Commitment to Service
I have represented injured workers in worker’s compensation claims before the Idaho Industrial Commission for approximately 21 years. This area of the law can be very specialized and complex. You need an attorney who knows the law and understands the medicine if you are going to recover the “sure and certain” medical benefits and income benefits promised to you by Idaho’s workers’ compensation act.
The Time to Act is Now
Contact Rick D. Kallas immediately for your free case evaluation. My fee is CONTINGENT on the outcome of your case. If my efforts do not operate primarily and substantially to secure medical and / or income benefits for you, you owe me nothing. We have the experience, the skills, the knowledge and the technology to make certain that the insurance company provides you with all of the benefits that you are entitled to receive under the law.
CALL NOW at (208) 336-1843 or E-MAIL me at email@example.com. I look forward to hearing from you.