Who Will Help Pay for My Future Medical Needs?
Who Will Pay for Future Medical Needs in a Workers’ Compensation Case?
After a workplace injury, many workers wonder how they will handle future medical costs once active treatment ends. These costs may include medications, follow-up visits, physical therapy, or ongoing medical care.
Workers’ compensation laws in Indiana offer protections to ensure injured workers receive the care they need, even after their cases are resolved. However, securing future medical coverage can involve challenges and legal nuances.
What Are Future Medical Needs?
Future medical needs refer to any ongoing or anticipated medical care required after the initial treatment for a workplace injury is complete. This may include:
– Medications to manage pain or prevent complications.
– Regular doctor visits to monitor your condition.
– Physical therapy or rehabilitation to regain mobility or strength.
– Diagnostic tests to track your recovery or identify new issues.
These needs can arise long after active treatment concludes, making it important to secure proper coverage during your workers’ compensation case.
Indiana Law and Future Medical Coverage
Under Indiana law, a workers’ compensation judge can issue an order requiring the insurance company to cover your future medical needs related to your workplace injury. This order, known as an award of future medical coverage, obligates the insurance company to continue paying for necessary medical care resulting from the accident.
However, for this to happen, the injured worker must prove to the judge that future medical care is likely. This requires:
– An admissible medical report from your doctor or medical provider.
– Documentation that clearly outlines the expected future care and its connection to the workplace injury.
The insurance company must comply if the judge orders future medical coverage in a workers comp case. This ensures your medical care remains covered, although the insurance company retains the right to direct that care, which includes choosing your doctors.
How to Secure Future Medical Coverage
To secure an award for future medical care, you need to take specific steps:
- Obtain a Detailed Medical Report: Your doctor must provide a report that clearly outlines your future medical needs, supported by evidence and reasoning.
- Present Your Case to the Judge: This involves demonstrating that your future care is necessary and directly related to your workplace injury.
- Request a Formal Order: Any agreement about future medical care must be part of a written and signed order from the workers’ compensation judge. Verbal agreements or informal promises, such as those in emails, are not legally binding.
Addressing Common Misunderstandings About Future Medical Needs
Injured workers ask one common question: The insurance company says it is my responsibility to pay for future medical care out of the PPI settlement. Is that correct?
The short answer is no. While your Permanent Partial Impairment (PPI) settlement compensates you for your injury, it does not automatically cover future medical expenses. If your case includes an award for future medical care, the insurance company remains responsible for those costs. However, securing this award requires presenting sufficient evidence and obtaining a judge’s formal order.
Another frequent misunderstanding involves the so-called “2-year rule.” Insurance companies or adjusters may claim you have only two years to keep your case open or request future medical coverage. While there is a 2-year deadline to reopen a case, it doesn’t always begin on the settlement date. Instead, it is tied to a specific legal calculation, which can vary depending on your case.
Challenges in Keeping Medical Open
Even with a judge’s order, injured workers may face obstacles regarding ongoing medical care. These include:
– Directed Care: The insurance company retains the right to choose your doctors, which can limit your options for treatment.
– Disputes Over Necessity: Insurance adjusters may challenge whether specific treatments or medications are necessary.
To protect your rights, it’s important to work with an Indiana workers compensation attorney who understands the process and can help ensure that your future medical needs are adequately addressed.
Why Address Future Medical Needs Now?
Failing to secure coverage for future medical care can have long-term financial consequences. Medical expenses can add up quickly, and without proper coverage, you may be left paying out-of-pocket for care related to your workplace injury. You can protect yourself from unexpected costs by addressing future medical needs as part of your workers’ compensation case.
How Klezmer Maudlin Can Help
The attorneys at Klezmer Maudlin are dedicated to helping injured workers secure the medical care they need now and in the future. Our team has extensive experience with Indiana workers’ compensation laws and can assist you in:
– Gathering the necessary medical evidence to support your claim.
– Presenting your case effectively to the judge.
– Ensuring that any agreements about future medical care are formalized through a legal order.
We understand the challenges injured workers face and are committed to advocating for your rights at every stage. Let us help you protect your future.
At Klezmer Maudlin, we are committed to helping injured workers understand their rights and options for future medical needs. Knowing when to hire a workers’ compensation lawyer can make all the difference in your case. Here, we address common concerns and explain how Indiana law can protect your right to future medical care.
Contact an Indiana Workers Compensation Attorney Today
After a workplace injury, you should not have to handle the workers’ compensation process alone. Having an attorney who understands your rights and ensures you receive the benefits you are entitled to, including coverage for your recovery and any future medical needs, is vital.
If you have questions about your claim, need advice about a worker’s compensation insurance settlement, or want to discuss your case with an experienced workers’ compensation attorney, we are here to assist you.
Contact us today for a free consultation at 317-569-9644 to learn more about your options. We are dedicated to helping injured workers protect their rights and secure the care and benefits they need to move forward.
Frequently Asked Questions About Future Medical Needs
What happens if my condition worsens after my settlement?
If your condition deteriorates, you may be able to reopen your case under Indiana’s workers’ compensation laws. However, this requires presenting new evidence to the judge and may be subject to deadlines.
Can I choose my doctor if medical is kept open?
The insurance company typically retains the right to direct your care, including selecting the doctors. However, you may request a different provider if you can demonstrate that it is necessary.
What should I do if the insurance company refuses to pay for my future medical care?
If the insurance company denies your claim for future care, contact an attorney immediately. A workers’ compensation lawyer can help you challenge the denial and present your case to the judge.
Contact Klezmer Maudlin today if you have questions about your future medical needs or want to ensure your workers’ compensation case addresses all necessary costs. Call us at or visit our contact page to speak with a workers compensation lawyer in Indiana for a free consultation. Let us help you protect your rights and secure the care you deserve.