The amount of money workers’ compensation provides an injured employee varies from state to state, but usually covers medical expenses, workforce rehabilitation costs and a percentage of lost wages. Disability pay may be temporary or permanent based on the extent of your injury and is usually ½ – ¾ of your pre-injury salary.

While workers’ compensation covers 100% of your medical expenses, you may not be able to choose where you receive medical care. Depending on the state that you live in, you may have to receive medical care from an employer approved physician.

Hearings for workers’ compensation take place in workers’ compensation courts, which differ from the civil court system. For this reason, if you are having trouble collecting workers’ compensation from your employer, it is important to hire an attorney who thoroughly understands the workers’ compensation system and has experience handling workers’ compensation cases.

While injured workers are typically unable to sue employers for damages under workers’ compensation, situations exist where an employer’s gross negligence demands further legal action. A qualified workers’ compensation attorney can inform you of your legal rights and provide you with the advice you need to make informed decisions about your case.

Filing a workers’ compensation claim involves many steps and can be complicated. There are also certain deadlines you must meet in order to be eligible for workers’ compensation benefits. Hiring an experienced attorney is the best way to ensure that you get the benefits you need after being injured on the job.

Insurance milling is a dishonest practice that enables attorneys to collect a larger payment by increasing the worth of a claim (see Understanding Attorney Fees). Attorney’s usually work in collaboration with a doctor to increase medical bills, benefiting both the attorney and the doctor as they each receive payment for unnecessary treatment.

While the attorney and doctor in an insurance mill scam may increase the amount of money they receive, they are generally not concerned with your health or the amount of money that you receive from the claim. These operations often settle cases quickly and are profitable because they take in a large volume of cases.

Signs of Insurance Milling

Anytime medical services are not handled in a standard way, you should be wary of insurance milling. Suspicious behavior includes:

• A doctor (MD or DC) who tells you that he or she will take care of your health care needs in exchange for a portion or percentage of your settlement.
• An attorney who tells you not to worry about the cost of medical treatment because everything will be covered by insurance.
• An attorney or doctor who tells you that you need care above and beyond what would be necessary for a person with similar injuries to yours.
• An attorney who tells you that you may be more seriously injured than you think after being involved in a minor accident.
• A doctor who tells you that you have an injury that you have no symptoms of.
• A doctor who bills you for more care than you received.
• An attorney who promises you a large, quick settlement.

Protecting Yourself Against Insurance Milling

Hire a personal injury lawyer that you trust when pursuing a personal injury lawsuit so that you avoid potential insurance fraud (see What to Look for in a Personal Injury Lawyer).

Get a second opinion if you are not sure whether a treatment is necessary or not.

Trust your gut instinct.

If your attorney or doctor is pushing you to have medical treatments that you believe are unnecessary, it may be an insurance mill. If an attorney or doctor starts giving you advice without really listening to your specific circumstances, be wary. A good lawyer or doctor should provide you with the information, advice and treatment you need for your specific situation (see What to Look for in a Personal injury Lawyer).

It is important to be aware that if you are involved in an insurance mill, you may be liable for fraud. So, if you suspect an attorney or doctor of insurance milling, contact your insurance company right away.