Make Sure You Tell Your Doctor – and That Your Doctor Writes Down – Everything About Your Accident and Condition
In New Mexico workers’ compensation cases, whether you will ultimately obtain the benefits you deserve will often depend on the strength and completeness of the medical evidence submitted in support of your claim. While medical evidence can take many forms, nothing is perhaps more important than the notes and records of the doctor who initially treats you after your accident. If your treating doctor’s notes are incomplete or inaccurate – or you don’t tell the doctor everything about the circumstances of your accident and the pain or other effects you are experiencing — your chances of obtaining workers’ compensation benefits can be seriously hurt.
Tell Your Doctor Everything
Whether you see your doctor or a doctor chosen by your employer or its insurance company, it is of the utmost importance that you tell the doctor everything about the accident and how it happened. This includes making sure you tell the doctor that the accident happened while you were at work and on the job. If an insurer or a workers’ compensation judge reviews your medical record and doctors’ notes and sees no reference to the fact that your injury was work-related, you can imagine how that could be used to deny your claim.
It is also extremely important to let the doctor know everything that is wrong with you physically and mentally even if you don’t think it is related to the accident. If pre-existing conditions are worsened by the accident, the worker’s compensation insurance company still has to pay for the treatment of those pre-existing conditions that were made worse by the accident.
Make Sure the Doctor Writes Down Everything
Even if you tell the doctor all there is to tell about what happened and how you are feeling, it doesn’t mean much if he fails to take and keep accurate notes. If a doctor is called to testify months or years later about your injuries, his notes are likely to be the main thing he relies on when he talks about your case. If his or her notes are inaccurate or incomplete, it is almost impossible to correct or supplement them so far down the road.
Request Your Doctor’s Notes Quickly and Frequently
This is why it is so important to frequently request copies of your medical records, including your doctor’s notes, and then review them promptly so that you may alert the doctor to any inaccuracies or omissions from his notes. Remember, these are your records the doctor is maintaining, this is your health at issue, and these are your benefits at stake. It is up to you to make sure that your doctor, whether accidentally or not, doesn’t torpedo your workers’ compensation case.
The Law Offices of Jeffrey C. Brown: Fighting for New Mexico Workers
I know how hard you work, and I’ll work just as hard for you. Call the Law Offices of Jeffrey C. Brown today at (505) 275-6600 or fill out my online form to arrange for your free initial consultation to discuss your workers’ compensation matter. I look forward to helping you get back on your feet, and back to work.
This website has been prepared by the Law Offices of Jeffrey C. Brown for informational purposes only and does not, and is not intended to, constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.