FUTURE MEDICAL CARE IN WORKERS’ COMPENSATION CASES
Most cases in workers’ compensation are settled and a payment made for permanent partial disability or permanent total disability.
However, an injured worker should consider whether there is a need for future medical treatment.
To receive future medical treatment, a settlement can leave the case open for future medical treatment but the injured worker can still receive a settlement for permanent disability.
Insurance companies do not like leaving cases open for future medical treatment. There is an administrative cost and an unknown cost to the insurance company, when a case is left open for future medical treatment.
To receive an award for future medical treatment, an injured worker must show a reasonable probability that, because of the work-related injury, future medical treatment will be necessary.
In order for an injured worker to meet this standard, it is necessary to have a doctor’s opinion. The treating physician seldom states in a workers’ compensation case, that future medical treatment is a reasonable probability.
I frequently get calls from injured workers who have settled their claims and who need future medical treatment. Unfortunately, most workers did not leave their case open for future medical treatment.
Often, in order to get future medical treatment the workers’ compensation case must go to trial.
If you have a question about future medical treatment in your workers’ compensation case, please give me a call. Margaret Dean, Attorney at Law, 816-753-3100. Free initial consultation.
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