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Timothy D. McNair | Attorney & Counselor At Law | 821 State St. | Erie, PA 16501 | www.mcnairlaw.com
FREE INITAL CONSULTATION | NO RECOVERY - NO FEE
If you've been injured on the job and need medical treatment or you lose wages, you are entitled to workers compensation benefits. The nature and amount of these benefits are set by law, and in many cases are limited. An experienced workers' compensation attorney can make sure that you get the benefits you deserve and that your rights are protected.
The Workers' Compensation Act was passed in order to protect employers from employee's claims for insurances suffered as the result of unsafe working conditions. In exchange for this protection from damage suits by employees, employers are required to provide certain benefits to any worker injured on the job who suffers disability. The worker receives at least two thirds of his average wages before the injury and the employer is responsible for paying the employee's medical costs. The law does not provide for compensation for pain and suffering, lost fringe benefits, impairment of future earning capacity or many other elements of damage the employee may sustain.
We work with the employee to make sure the employee gets everything they are entitled to. We also work with the employee to ensure that they understand the significance of the actions the employer or insurance company is taking. The best way to make sure that your benefits are not unfairly reduced or eliminated is to avoid misunderstandings and to be aware of the obligations the law puts on the injured worker. We consult with our clients every step of the way to make sure that their rights are protected.
We do not charge a fee for this advice until we have prevailed on the insurance company's attempt to reduce or eliminate your benefits, or until you settle your case for a lump sum.
Independent Medical Examinations
If you are collecting workers compensation benefits or have a claim for injuries from an accident, you may be asked to undergo an "independent" medical examination ("IME") by a doctor chosen by the insurance company. There is rarely anything "independent" about this doctor, who probably derives a good bit of his income from doing exams for insurance companies. the IME presents a number of dangers to a victim with a legitimate claim. It can be the most critical event in determining how your claim will be resolved. It presents many pitfalls and traps for the unwary victim who does not understand the process.
We work with our clients to ensure that when they undergo such an exam, they are able to fully and accurately present their medical condition to the examiner, and to avoid doing things which give the examiner a reason to cast doubt on the validity of the claim. These examiners use special procedures which may be confusing to someone who thinks that this is simply another medical exam, and you may inadvertently do something which gives the insurance doctor reason to claim that your injuries are not as severe as they really are or that you are exaggerating your claim for secondary gain. A frank discussion with use before the exam can help to avoid pitfalls and, if the medical case is properly presented to IME doctor, can result in an earlier and better resolution.
No one should undergo an Independent Medical Examination without discussing it with an attorney first.
