Physical therapy sessions are helpful for pain management and can strengthen workers’ compensation claims.
However, there is no guarantee that physical therapy will help you receive more money, as many factors influence an insurance company’s decision on how much you deserve. Each workers’ comp case is unique, but an attorney can help persuade the insurance provider in your favor.
This article will discuss how working with a physical therapist may impact workers’ compensation settlements. We’ll also outline how an experienced work injury lawyer can help you use your physical therapy documentation to improve your chance of compensation.
Workers’ Compensation and Physical Therapy
Workers’ compensation is a form of insurance that covers medical expenses and lost wages after a workplace accident. To make a workers’ comp claim, an injured employee only needs to prove that they were injured while completing their workplace obligations, such as falling from a ladder while at a construction site or getting into a car accident while driving for work.
Injured workers may sometimes require physical therapy to treat their injuries. This medical treatment helps improve mobility and reduce pain through movement, speeding up the healing process.
The sooner treatment starts, the fewer sessions are needed. Research shows that injured employees who start undergoing physical therapy within three days of a workplace injury require 38% fewer sessions [1].
How Physical Therapy Can Impact Workers’ Compensation Settlement Value
The average workers’ compensation claim in 2020-2021 was $41,757, with car accidents being the most expensive workers’ comp cases [2]. However, your actions after an accident can be a significant factor in how much you receive. Following your treatment plan, including physical therapy, may positively impact your case.
Demonstrating the Severity of the Injury
Insurance companies consider several factors to decide how much an injury is worth, including the type of treatment the worker receives. If an injured worker consistently attends physical therapy sessions, this can demonstrate that they have severe injuries that cause ongoing issues.
Failing to attend recommended sessions can suggest to the insurance provider that you’re not suffering as much as you claim. They may argue that if you were in severe pain, you would follow your treatment plan because you know it would provide relief. As such, refusing to follow your doctor’s orders doesn’t just hurt you, but it also damages your case.
Proving the Need for Ongoing Treatment
Workers’ comp settlements must consider the full extent of an injury when determining how much financial support a worker needs. This compensation includes the worker’s needs, financial losses, and future medical costs. Demonstrating that you require continued care from physical therapists can convince the insurance company that you need more medical benefits.
The average patient requires between 10 and 12 sessions to recover, but seriously injured patients may need more [3]. You may also need to do exercises between sessions, which are harder to document. We can suggest ways to show you are working on your treatments at home.
Reducing Long-Term Disability
A workers’ comp settlement provides the funds necessary for maximum medical improvement. While physical therapy can improve your well-being and prevent permanent disability, it will also reduce the future medical care you will need. This arrangement means your workers’ comp settlement may be lower if you go to physical therapy.
However, physical therapy is also crucial to protecting your best asset: your health. A higher settlement is not worth suffering from chronic pain, so even though the treatment could potentially reduce settlement amounts, it is also in your best interests to follow the recommendations of your authorized treating physician.
Factors to Consider
In addition to whether you require physical therapy, other factors influence your settlement offer, including what type of injury you suffered, how much recovery is possible, and whether you have proper documentation.
Type and Extent of Injury
The impact of physical therapy on settlement value varies significantly based on the specific injury and its severity. While state Board of Workers’ Compensation boards typically have predetermined injury schedules that guide compensation amounts, physical therapy can still play a role in determining the final settlement value.
For example, an amputated limb requires a prosthetic. Physical therapy can help workers learn how to use their prosthetics but cannot ensure complete recovery. Prosthetics also come with high medical bills because they are custom-designed.
With other injuries, the insurance company will consider the overall severity of your injury, such as its location, to determine how much you should receive. Soft tissue injuries may not receive as much as broken bones, paralysis, or nerve damage unless they are severely disfiguring, like facial deformities caused by chemical burns.
If physical therapy fails to show significant improvement, it might support claims for higher compensation due to permanent disability or ongoing medical needs.
Consistency and Adherence to Treatment
To demand compensation, you must show that you are working toward recovery. In addition to adhering to other treatment plans, like refilling your prescription medications, attending physical therapy demonstrates that you have ongoing medical needs.
You should follow the advice of your doctor both for your well-being and to show the insurance company that you have legitimate medical bills related to your accident. Attend all the recommended sessions and actively participate, even if the exercises are uncomfortable, as it will support your argument that you need treatment.
Documentation and Medical Records
Insurance companies need documentation to calculate how much you should receive. As such, carefully document all medical treatments you receive, including physical therapy. Get documentation for all sessions, including invoices and progress notes. Even with electronic records, you can ask for printouts from each session.
It can also be helpful to keep a written log of your sessions, such as what you worked on, whether you were uncomfortable while doing the exercises, and what exercises you completed at home. An experienced attorney can use these records, in addition to other evidence like doctor’s notes and incident reports, to support your claim during negotiations.
Taking all of these documents into consideration provides a narrative of your treatment, and it also demonstrates the hard financial losses you have suffered from your accident. Your attorney can use this to show that you have been temporarily or permanently disabled and will have ongoing costs associated with the injury.
The Role of a Workers’ Compensation Attorney
Getting legal representation is critical to receiving the most from your workers’ comp settlement.
Our Chicago workplace accident attorneys can protect your rights in negotiations with insurers and can advise you on the best course of action, whether that is negotiating or filing a lawsuit. Additionally, we have the negotiation skills to convince an insurer or a jury that you deserve compensation.
During your workers’ compensation case review, our lawyers will consider all the factors of your workplace injury, such as its severity and what future medical needs you may have. We’ll then begin negotiations with the insurance provider, demanding a physical therapy settlement to cover your current bills and provide the funds you need to recover.
Using Physical Therapy Records to Strengthen Your Claim
Documenting your treatments, like physical therapy, makes settlement demands more persuasive. We will use the evidence you provide to describe your prognosis and recovery, explaining how the injury has impacted your life in the long term. This record will show the insurance company how much you need to return to work.
In many workers’ comp cases, we can settle with the insurance provider without going to court. Unfortunately, it’s sometimes necessary to file a lawsuit for a personal injury settlement. At trial, our team will use persuasive evidence, like physical therapy records and expert testimony, to explain to the court why you deserve compensation.
A personal injury settlement may provide more money than workers’ comp because it can provide different compensatory damages. These damages include economic damages, such as medical bills and property damage, and non-economic damages, like pain and suffering or loss of enjoyment of life.
When we provide ample evidence of your injury, we have a greater chance of success in court. However, a lawsuit comes with risks that workers’ comp doesn’t, including the fact that you may receive nothing if your suit is unsuccessful. We’ll carefully weigh these pros and cons to decide whether to keep negotiating with insurers or file a lawsuit.
Advocating for Necessary Treatment
While a lawyer’s primary job is to advocate for your legal rights, we can also ensure that you get the treatment you need by convincing the insurance provider that it is necessary. We will ensure all your treatments are properly documented so that they can be reimbursed by insurance.
Additionally, we will partner with experts, like physicians, who can provide their unbiased opinions on what treatments are necessary for your condition.
We help you recover as much as possible with the necessary funds. This financial recovery includes advocating for you against insurance companies that will try to downplay your injuries so they won’t be responsible for your bills.
Secure Expert Legal Counsel!
Navigating workers’ compensation claims after a workplace accident can be complex, especially considering how physical therapy impacts your settlement. While ongoing treatment demonstrates the seriousness of your injury, it can also show potential for recovery. In this challenging time, your health should be your primary focus.
For expert guidance through the workers’ compensation process, consider Rosenfeld Injury Lawyers. As a leading personal injury law firm in Chicago, we’ve recovered millions for injured workers, ensuring they have the funds to recuperate in comfort. Our team works on a contingency fee basis, meaning you owe us nothing unless we win your case.
To schedule your free consultation with an experienced workplace accident attorney, contact us today at (888) 424-5757 or use our online contact form.
References: [1] Risk & Insurance, [2] National Safety Council, [3] Breakthrough Physical Therapy