If I am injured at work can I treat with the doctor of my choice?
If you have been injured at work, it is absolutely your right to receive treatment from your current doctor or a doctor of your choice.
After an injury at work who will pay for my medical treatment ?
If you are injured at work, most likely your employer will suggest a clinic for you to receive treatment. This is because most employers have agreements with local occupational health clinics to provide treatment for their injured employees.
However, it is your right, as an injured employee to receive treatment with the doctor of your choice.
What is Utilization Review?
The doctor’s office you chose to receive treatment from must submit a request for approval of the treatment for you to the utilization review company that is affiliated with the Worker’s Compensation Insurance Company.
In most cases, the Utilization Review Company will provide approval for your treatment which will allow you to receive the requested treatment from the doctor of your choice.
In some cases, both the Utilization Review Company and / or the adjuster for the worker’s compensation insurance company will deny paying for your medical treatment related to this industrial accident.
If this is the case, I will, as your attorney, quickly file a claim with the Department of Industrial Accidents to get before a judge at the Department of Industrial Accidents who will order the worker’s compensation insurance company to pay for your treatment.
What is an Independent Medical Examination (IME)?
In most cases, during your worker’s compensation claim, the worker’s compensation insurance company will send you a notice for an Independent Medical Examination.
An Independent Medical Examination is a doctor’s appointment scheduled and paid for by the worker’s compensation insurance company for that doctor to examine you and give an opinion on your state of disability and ability to work following your work injury and also whether medical treatment is necessary.
Is the opinion of the independent doctor the final say in my medical condition?
The opinion of the independent medical doctor is not the final say as to whether you continue to be disable or in need of treatment.
Equally important is the medical opinion from the doctor you have chosen to receive treatment from on the same issues of whether you continue to be disabled from work and in need of treatment.
When are the conflicting medical opinion is important ?
At some point during your worker’s compensation claim, the Worker’s Compensation Insurance Company will most likely terminate your weekly benefits.
At that point, as your attorney, I will quickly file a claim with the Department of Industrial Accidents to get a date before a judge.
On that court date, the issue before the judge is whether you should continue to receive weekly worker’s compensation benefits and whether the worker’s compensation insurance company should be paying for your treatment.
Also, that court date, the attorney for the worker’s compensation insurance company will submit the IME report to the judge and I will submit all records from your treating doctor to consider.
Once the judge has heard from the attorney’s and reviewed all medical documents, the judge will then issue a written opinion as to whether the insurance company should continue to pay you weekly checks and to pay for your medical treatment related to this industrial accident.
Will I continue to receive weekly worker’s compensation checks?
In the majority of cases, I am successful in convincing the judge of the Department of Industrial Accidents to order the worker’s compensation insurance company to pay you weekly worker’s compensation checks and to pay for your medical treatment.
If for any reason the judge denies our request for payments of weekly checks or medical treatment I would quickly appeal this decision and continue to fight for you as your attorney to obtain for you weekly worker’s compensation checks and medical treatment.
Will I receive a settlement for my worker’s compensation claim?
While you are collecting your weekly compensation checks, at some point the worker’s compensation insurance company may begin to think that you are unable to return to your prior job due to your injury at work and your ongoing disability.
Instead of continuing to pay you weekly worker’s compensation checks, the worker’s compensation insurance company may decide to lump together several years of worker’s compensation checks in order to settle your worker’s compensation case.
Call my office at 617-523-2929 to find out how I can help with your worker’s compensation claim.
It is very import and that you keep in mind that there are no upfront expenses charged to you for hiring me to represent you for your worker’s compensation case.
You can hire me by calling my office at 617-523-2929, going to my website at www.frawleylaw.com, or emailing me at [email protected].