Mr. Thomas M Gagne will be speaking on the topic of Medical Issues During The Claim in Charleston SC at 1:15 pm on the 23rd of February. Details below: Gain Tips and Strategies From Experienced Practitioners Are you fully prepared to handle workers’ compensation claims? This strategic course walks you through the step-by-step practicalities of[…]
It’s not a good idea to talk to anyone about your case. Sure, there are people with whom you may safely discuss your case, for instance, your spouse, but the better rule is: never discuss your case with anyone, except your lawyer and his staff. This applies to workers’ compensation cases as well as to[…]
If my case is compensable, why do I need a lawyer? Achieving compensability for your cases is only half the battle. Take good note: insurance accompanies do not have your interests at heart. Period. Insurance companies are corporations, usually public, and their allegiance lies exclusively with the stock price of their company. Look at it this[…]
Clients injured at work often ask me: in addition to my workers’ compensation benefits, may I sue my employer for negligence? The answer, in most cases, is no. Why? Because most state have adopted what is called “the exclusivity rule.” This rule limits an injured employee’s legal recourse solely to workers’ compensation. The fact that[…]
Noncompensability means that your workers’ compensation case has not been “accepted” by your employer’s workers’ compensation insurance carrier, for one or more reasons. There are several legal and factual defenses an insurance company might raise to block your benefits. On the other hand, sometimes a carrier will automatically deny your claim “pending investigation”, which means[…]
It’s crucial our auto or workers’ compensation clients see and are treated by the correct medical provider, given his or her particular condition. Many of my clients, before they see us, are satisfied with their family doctor, when she may not be the optimal medical provider for the case. Doctors are often not unbiased and[…]
It’s absurd that most insurance companies will pay less in bodily injury compensation for “low impact” vehicle collisions – those with property damage under one thousand dollars. Insurance companies reason that if the impact was “minor” than juries will buy the argument that the injuries suffered were also “minor.” Insurance defense attorneys will make a[…]
Obtaining timely and proper medical treatment is the cornerstone of a well-managed personal injury case and one of the most important reason clients seek my counsel. Without medical attention, clients not only jeopardize their physical well-being but the value of their case as well.
A common challenge that I face when representing injured clients occurs when the client fails to make her doctors’ appointments. Any medical provider, doctor or therapist worth her salt will schedule several appointments or follow-up sessions or examinations and so forth until the client has reached maximum medical improvement.
One of the legal requirements or “elements” of a workers’ compensation case is “notice”. That is, Your employer has a right to be notified of your accident. New clients tell me all the time: “Well, I didn’t actually tell my supervisor about the accident, but he knows.” After a bit more inquiry, it turns out[…]