Denial of Medical Care in Your Workers’ Compensation Case

We have many clients who think that they have no avenues to recover under the workers’ compensation system because they have not received medical treatment through a workers’ compensation provider.  Many times their boss or supervisor tells them to treat with their personal physician instead of filing it under workers’ comp.  They subsequently think that because they have done this they have no case- NOT TRUE.  Even if you treat with a personal physician, you still may have a workers compensation claim.  If an injured worker has provided notice to the Employer about an injury, just because they treated with a non-panel doctor does not mean that they are barred from bring a case.  Contact us at the Law Offices of Benjamin Y. Gerber and we can help explain your rights to you.

Depositions in a workers’ compensation case

In a workers’ compensation case that is being litigated, the attorney for the insurance company usually takes the deposition of the injured worker.  It is their chance to obtain background information on the injured worker and to explore issues regarding the accident, the injury and the injured worker’s current condition.  It is not a chance for the injured worker to tell their side of the story.  If the question is not asked, there is no need to offer the information.  Many times clients insist of getting their version of the events out there, even if it is not relevant to the case.  For some reason, even the shiest of people develop ‘diarrhea of the mouth.’  This cannot help your case and can only hurt you.  If you really feel the need to say something, tell your attorney in private and let them be the judge.

Chapter 13 Bankruptcy and Workers’ Compensation

It is extremely important to inform your workers’ compensation attorney if you have either a current bankruptcy claim or plan on filing for bankruptcy after your workers’ compensation case has begun.  Any representation in your workers’ compensation case needs to be approved by the U.S. Bankruptcy Court.  Your workers’ compensation attorney will have to file an application with the Court for approval.  If this is not done, your attorney will not be able to settle your claim because he or she does not have approval to obtain monies for you as these may be due to the creditors in your bankruptcy case.


If you have any questions about how a bankruptcy claim may affect your workers’ compensation rights, do not hesitate to contact the Law Office of Benjamin Y. Gerber at 678-802-8650 for a free consultation.