Most employees who get a work-related injury will visit the physician whom their employer’s workers’ compensation insurer acclaims. There might be nothing wrong with such a setup until your disability compensation payment is stopped because the physician has determined that you are capable of returning to work after conducting an independent medical evaluation.
By law, your worker’s comp physician has an obligation to supervise your medical treatment and make choices that are in your best interests. However, doctors can’t always make an accurate judgement on whether work-related injuries have reached the point of permanent impairment. This can lead to misunderstandings and accusations of falsifying documents or the worker’s comp doctor’s negligence.
Nevertheless, your compensation doctor has the final say on whether you can return to work or not. The ball of contention is, what can you do if the comp doctor’s opinion seems contrary to how you’re feeling?
Option 1: See an Independent Medical Physician
If you feel that you have been inappropriately sent back to work, the first thing to do is find an Independent Medical Examination (IME), which the employer is compelled to pay for. These are doctors that will give a second opinion on the situation without any affiliations with your employer, and they are often a good choice if you feel uncomfortable speaking out against your employer or want outside counsel.
Nevertheless, while this procedure is ongoing, your employer might seek to have your benefit cut off, but if the Independent Medical Examiner determines that you are unable to return to work position, your benefit should be reinstated.
In most cases, compensation doctors send you back to work before you feel well because they are more sympathetic to the employer or insurance company. The IME report can be used to challenge a doctor or insurance company’s denial of a claim for treatment or benefits under workers’ compensation.
The “two doctor rule,” which is part of Illinois’ workers’ compensation rules, stipulates that an injured worker may select two physicians before receiving treatment from those physicians and any others who they may be referred to by chosen physicians. A chosen doctor may recommend the patient to different medical specialists for injuries depending on the type of injury.
If I Return To Work, Can I Get A Settlement From Workers Comp?
If you cannot return to work, you can receive a settlement for your pain and suffering. This could mean compensation from your employer if they were at fault for allowing you to return to work too soon.
Often this will allow you to receive money from your employer without having to return the money that the worker’s comp doctor has paid out on your behalf.
Option 2: Return to Work
During the entire workers’ compensation lawsuit, you have the freedom to choose whether to adhere to the doctor’s orders or remain at home. Nevertheless, the right to choose whether to return to work or not does mean that you are free from consequences.
According to the law, if you don’t show up at work after your comp doctor has given you the all-clear and you are still in the “recovery period,” it could be interpreted as an unwarranted repudiation to return to work, which could result in you losing your benefits. Furthermore, unless the court decides that your refusal was warranted, this cannot be reversed.
You should reevaluate your ailment if you believe that even light-duty work aggravates your injuries. In most cases, your worker compensation doctor might change their initial decision based on the current re-examination.
Option 3: File a Complaint
The next option is to file a complaint with your state’s workers’ compensation board. This can be a problem if you have a doctor who believes you should not be back to work too quickly. In fact, many states require as much as 6-12 weeks of complete rest from all activities.
The doctor must give the employer and employee a copy of the exam report per Illinois workers’ compensation guidelines. When an employer selects a physician, the employee must go to the initial examination but is not obligated to continue receiving medical care from that physician.
If you feel that your doctor is sending you back to work too soon, it might be wise to file a complaint so that your case’s evaluation can be considered unbiased.
Option 4: Get a Second Opinion
In any situation, if you feel uneasy about a medical decision made by your doctor, get a second opinion. Sometimes this is the only way to know for sure if you have been sent back to work too soon. A second opinion is your right as a patient, and the Independent Medical Exam is designed to ensure you are getting a valid assessment of your current state.
It is important to remember that if you want to keep your benefits, you must continue working while you wait for your doctor’s appointment.
Option 5: Hire an Attorney for Workers Compensation
If you feel you have a valid claim, the last option is to hire an attorney. Because of the fact that many courts are backlogged with cases and take so long to get to trial, it can be easier and quicker to allow an attorney to do all of the legal work on your case.
In addition to helping cut down on time and legal costs, an attorney can help you obtain better medical care and speak up for you throughout the process.
We Can Assist You in Resetting Your Workers’ Compensation Claim
Workers’ comp can be a complicated process that often puts people in the dark about their treatment and medical care rights. It’s essential to have an attorney on your side who has experience with the nuances of this type of litigation from start to finish.
We have a team of lawyers specializing in workers’ compensation law at Win Injury Network. Our group represents injured workers across the country, and we’re here to help you with your case. We can answer your questions and provide legal counsel regarding your individual case.