COVID-19 - Don’t Let Your Case Fall Through the Cracks Because of Coronavirus - RH&K Law

COVID-19 – Don’t Let Your Case Fall Through the Cracks Because of Coronavirus

COVID-19 coronavirus

We have several concerning situations here as a result of COVID-19 . . .

Some physical therapy locations remain closed, while some remain open and actively treating patients.  Why does this matter?  Because it gives the insurance companies room to make the argument that “other people were still treating for their injuries at this time, so why weren’t you?”  “You must not have been very injured.” 

Also, some patients are voluntarily halting treatment for fear of contracting the COVID-19 or the novel coronavirus.  This is completely understandable.  However, understandable to us means nothing when it comes to an insurance company arguing against your injury.  Halting treatment still gives insurance companies fuel to argue that your injury is less serious, and required less treatment.  

Remember, insurance companies will do anything to pay less or nothing at all on claims. After all, that is their business model and the reason why the insurance industry is a billion-dollar industry.  Insurance companies collect large premiums and attempt to pay nothing out, and they will fight tooth and nail not to pay anything out.  

Back to why halting treatment because of COVID-19 will negatively affect your case … The amount of treatment you receive is like a measuring stick for insurance companies.  The less treatment, the less serious the injury, the less your case is worth.  And convexly, the more treatment, the more serious the injury, the more your case is worth (within reason of course). 

And the same principle applies to consistency of treatment.  When you consistently treat for your injury, you are showing the insurance company that you had a true injury and that it required consistent treatment, as recommended by your doctor.  Gaps in treatment leave room for an insurance company to argue that the point at which the gap occurred is the point at which you healed from your injury and that is the point at which compensation should stop.  Stopping treatment shows that you have recovered from your injury.  After all, if you were not better then wouldn’t you continue to go to the doctor?  The point at which you resume treatment could be an exacerbation of your injury from a different incident or could simply be related to something else, the insurance company will argue. 

So what do you do? If you are still consistently treating, you do not need to do anything.  Just continue with the course of treatment that was prescribed by your doctor.  If you want to treat, and your facility is closed or is delaying visits because of COVID-19, contact us immediately.  If you do not want to treat at this time because of the virus, please factor the above into your decision, and let us know when you plan to resume treatment so that we can be prepared and strategic in your case.  You should be documenting every time that you are doing home exercises and home treatments in a journal.  You can also attend teleconference appointments with your doctor, if they are being offered.  Let us know if you attend these appointments, and keep documentation.

We want all of our clients to stay safe and healthy during this time, but we also want you to be aware of the ramifications of the decisions that you and your treatment facilities make.

Call our injury lawyers at 215-567-1900 or toll free at 855-822-6783 to update us on your case. Or if you need to speak with our top accident lawyer in Philadelphia because of an injury, just call us for a FREE consultation.

Rizio, Hamilton & Kane, P.C. the top accident lawyers in Philadelphia for over 40 years!

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