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5 secrets of Workers’ Compensation

5 secrets of Workers’ Compensation

In this video, I am going to reveal 5 secrets the insurance company doesn’t want you to know about your worker’s compensation claim.

Hi, I’m attorney Gary Martin Hays.

Secret #1:

You have 30 days in which to report your on the job injury.
Sometimes an employee gets hurt at work, but they assume it is just a minor injury and will get better. But after a couple of days, the pain worsens, so they report the incident to their supervisor.
Some employers will tell you – too late, so sorry! You didn’t report the injury the day it happened so we are not going to provide worker’s compensation benefits for you.
This is not the law.
You have 30 days in which to report your injury.
The better practice is to notify your supervisor immediately.

Secret #2:

Your employer is required to post a list of doctors from which YOU get to choose the doctor that you would like to provide treatment to you.
The panel must have 6 doctors listed on it.
One of the six has to be an orthopedic surgeon.
No more than 2 of the 6 can be an industrial clinic.
If your employer DID NOT post a panel, or the panel was invalid, you should be able to choose the doctor that you want to treat you and the insurance company has to pay for it!

Secret #3:

If you are receiving workers’ compensation checks because you have been disabled from working, then you may be entitled to see a doctor of your choice for an independent medical exam and the insurance company has to pay for this appointment!

You have 120 days from the last receipt of workers’ comp wage benefits to request this exam so please – don’t delay in discussing this option with an attorney!

Secret #4:

Did you know that you are entitled to be reimbursed for your mileage to and from your medical appointments?
This includes not just the mileage to your doctors’ appointments, but also mileage to therapy, to pick up your prescriptions, and parking fees.

Secret #5:

Do you really know how much the employer and the insurance company are supposed to pay you in weekly wage checks?

Most people don’t.

By law, you are entitled to 2/3 of your average weekly wage. But the most the insurance company is obligated to pay you right now is $525.00 per week. It doesn’t matter if you were making $1,500.00 per week. The most the insurance company has to pay you is $525.00 per week.

Do insurance companies always pay the correct amount?

NO, they don’t. And if they are paying you less than the maximum amount of $525.00 per week, they are required by law to file a form that lets you know how they calculated the amount of your weekly check.


There are so many other secrets the insurance company doesn’t want you to know about your worker’s compensation claim.

The best advice I can give you is to call us right now to learn about all of your rights, as well as the insurance company’s responsibilities!

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15 Comments - Leave a Comment
  • James mcquoid -

    Its a shame that the insurance companies have so much power!!! If your hurt at work you should be taken care of right but the insurance companies dont care about you all they have to do is pay your medical bills they can deny your weekly checks for any reason they want, I should no I have been out of work for almost 90 days ,and living on my own money they are pure bull crap.so if you dont have money saved up your up the creak with out a paddle the insurance companies dont care if you have bills to pay and to see a judge takes even longer it's a joke but you have bills to pay oh well they dont care they want you back to work they dont care if your in pain.So time is on their side .So get a good lawyer and see every doctor you can and pick the best doctors after the 90 days are up and fight them every step of the way because this is about business to them they dont give a rats ass about you.

  • Trigga Trim -

    Well my situation i got diagnosed with sciatica in my lower back from working overtime at mcdonalds i didnt know i had 30 days to inform my employer but i informed him before 30 days and i still didn't receive workers comp i've told multiple managers they've replaced them all now im jobless from the same job from calling out instead of no call no show because i had a family emergency and it was a Inspection but the injury made it hard for me to get up and get to work on time when i told the manager who told me"I Didn't know anything about that, you better handle it" when the hospital called me he ended up quitting a week or so later but he left after he saw me injury myself because he asked if i was alright after seeing a painful movement in my leg and saying it was a sprain acting as if he was a doctor every time i ended up with a new wound in hopes to not send me off with workers comp he even demoted me to give someone else a promotion that he didn't end up giving them because he was promising things he could not give. So now im stuck with a car note, hospital bill for 2000$, college student loan because im attending college for my AS Degree I Dont know what i can do i need guidance in this situation. My job hasn't replaced my clothes for over a year there all torn up and messed up from shoes to shirt and its in there policy they have to give us clothes when needed and i've asked multiple times, i've asked for a position change from maintenance to crew because i was underpaid and overworked i was told they needed me at that position and they'll change my position when it's open and they hired new crew members and left me in maintenance and then replaced the old managers with new managers who soon put me back in the position i asked them not to put me in because they needed someone unloading the trucks and they didn't want the put that work on one guy who was new after having me there for over 3 years and 2 years unloading the truck by myself im only 22 years old Now i have sciatica and other physical issues inside of my body from this job but they have not even tried to help me be compensated for any damages i have received from this job.

  • walter cook -

    I WAS SERVELY HURT ON MY JOB CRUSH MY COMPANY BROKE ALL SAFETY RULES YOU COULD THINK OF,LEFT ME TOTALLY DISABLED FOR LIFE I WAS MAKING 84 000 S YEAR AVERAGE, THE INSURANCE CONPANY WAS ONLY PAYING ME 523.77 A WEEK TILL BUY MY FIGURES IF I AM SUPPOSE TO GET 2/3rds of my weekly earning my employer and insrance company owrs me esy over 100,000 dollars

  • Derrick Cooper -

    im currently going threw same thing, injured in January, surgery in march, and still nothing yet. Just today i answered an eviction letter… court on 7/25/17. Initially i was working one-on-one with WC, then they droped my case forcing me to get an attorney. as far as my injury i have no idea when i will be going back to work, theropy once a week until im back capable of doing the same job i had before injury
    .

  • Shroud Codes. com -

    Gary, is it customary for a worker comp law firm to double-dip the number of times it can collect a commission on worker comp article 37 settlement cases already settled previously and yet attach those settled cases to a new case for a new injury and then coerce the worker comp complainant to agree to the settlement, tricking him into signing the new settlement without informing him the W/C lawyers representing him are collecting their commission a second time around for work already done and paid for? I ask because this is what happened to me a few years ago and I have come to view it as a corrupt travesty of justice with the implication the administrative law judge overseeing the settlement and the lawyer representing the W/C carrier were somehow compensated financially by my lawyer under the table. I have considered asking the local district attorney to look into the matter to see if is feasible for me to ask a judge to consider the facts and make a ruling that will throw out the last settlement and make it null and void so my W/C case can be reviewed and reopened.

  • Marty Bec. -

    there is so much to say and I could be here till next year trying to explain all the facts and stuff that happened to me during my claim one no attorney would take my case 2 I was ganged up on by my boss and work comp people and they dug up stuff when I was a child .. both my parents died in the months of my claim still to this day im broke in pain and no one thing I can do about it speacilly now since I was Hurt on the job in 2010 and its now 2017 I did my best at that time to give information to them when ask to do so but the stuff they got was used against me like I said ganged up on also my neighbor went told my boss I mowed my own lawn and I got upset due to the fact I had no money to go pay someone to do it and if I did not do my own yard the city would have and billed me twice or three times the amount so I got screwed and it took the doctors 2 years to find my labrum tear in my left hip I went to doctor they typed right hip and in fact I said left and I go to the work comp. case stayed open for about 2 years and told them my issue has been found ..they threw that out because the A.L.J means attorney law judge did not want to except it ..it was like pushed off to the side and till this day which is march of 2017 I got what I call rope in my left hip and also 3 pins all due the me falling off a small step ladder washing a vehicle i had hit the shop floor with my left hip .. like I said i could type till this time next year but I cannot .. all I can say is north Dakota work comp can kiss my ass when im dead and gone

  • jonny Bee -

    but my friend who got injury was told by workers insurance he cannot get any money till after been out 3 days from work.on they only pay 50% of your pay.people are saying its time to end workers compensation insurance because its not beneficial .please join the campaign to end this insurance

  • demonicxxx -

    Can someone help me please? I got injured 3 weeks ago almost 4 coming this monday. I have been off work by doctors orders for 3 of those weeks. I have not received a single check! Am i entitled to get paid?
    Lastly, my injury was 13 stitches and located right below me knee cap.
    I have had to go back 4 times just to get check ups and finally to get the skin cut off because it was not healing at all..

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