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3 Reasons Why Workers Comp Dragging Their Feet

 

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Many insurance carriers will respond quickly to claims and begin paying benefits immediately, especially if the claim is accepted. However, there are also many Insurance carriers and adjusters who delay and drag out workers compensation claims even though you are doing everything correctly. If you are self-representing, you are probably not moving the claim forward as quickly as you need to. It is important to hire an experienced workers compensation attorney like Kesh Law to put pressure on the insurance carriers and move the claim forward. There are several reasons why your workers comp dragging their feet. Let’s take a look:

 

1. Claim Fell Through the Cracks

The claim may just be buried under hundred’s of claims that an insurance adjuster has in their inventory. The adjuster may not be getting to the claim if there are no pressing issues. Especially if an individual does not have an attorney, the carrier does not think an injured worker will ask for penalties and other such additional benefits so they are more relaxed in handling their claim.

Once you put pressure on a carrier and threaten to ask for penalties and other benefits, the adjuster will begin to pay attention to your claim. You need an experienced attorney on your side to apply pressure and get the claim to where it needs to go.

It is important to keep the claim moving so that medical reports do not become stale and to not delay your recovery. Once a medical report becomes stale and a doctor is no longer available for re-evaluation, you may need to start the process all over again to bring the claim to closure.

You also may be entitled to collect additional penalties on your claim if your claim is unreasonably delayed. Consult with a lawyer to determine your eligibility.

2. Failure to Respond

Sometimes insurance claims adjusters just put your case on the backburner as they have more pressing matters coming up. This is no excuse. Thus, it is imperative to hire an attorney who will apply pressure on the insurance carrier and force them to respond by filing for hearings and trials.

3. Delaying Tactics

Some of the most common delay tactics are failing to authorize treatment that has been requested by a doctor. Doctors in workers compensation send requests for authorization to the insurance carrier before treating a patient. These requests must be approved before the doctor can treat the patient. Oftentimes the carrier fails to respond to these requests within a reasonable time frame which delays the movement of the claim.

Another delaying tactic is requesting second opinions for treatment. This often happens when surgery is requested by a doctor. Once surgery is requested, the insurance carrier requests a second opinion to make sure that surgery is pertinent. As you can imagine, it takes time to get the injured worker in for an evaluation with a second doctor and to produce a report thereby causing further delay.

Another delaying tactic is requesting more information before moving the claim forward. Insurance carriers want your entire medical history which takes time to collect. This is beneficial to the insurance company because they are looking for ways to apportion your claim and blame your injury on something else.

Obtaining all prior records takes a long time and sometimes forces you to want to settle your claim so you can move on with your life. Forcing you to settle before a claim is fully ripe for settlement can result in settling for a lower value that you would have otherwise been entitled. However, this is not always the case. Once you sign an agreement to resolve the claim, you cannot request further compensation on the same claim except in very limited circumstances. Thus, it is beneficial to complete discovery with an experienced attorney prior to settling your claim.

CONSULT AN ATTORNEY

If your claim has been unreasonably delayed or denied, you need to contact an experienced workers compensation attorney who is willing to fight for you and your rights.

Contact Kesh Law if Workers Comp dragging their feet at 818-639-3955. We are committed to protecting your rights and getting you the benefits you deserve within a reasonable time frame. Until you’re paid, we won’t receive any payment. Contact us today to get a free case evaluation and consultation today.

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