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News :: Miscellaneous |
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INJURED ON THE JOB: A Workers’ Compensation Educational Column from CACOSH |
Current rating: 0 |
by CACOSH (via Chicago IMC Labor Desk)
(No verified email address)
Phone: 312-666-1611
Address: 1636 West Van Buren, Chicago, IL 60612 |
20 Feb 2001
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To help workers protect their Workers’ Compensation
rights, CACOSH has published "Injured on the Job," a
worker-oriented publication. It's available in both English
and Spanish for $8 per copy (volume discounts are
available). CACOSH will also make educational group
presentations on Workers’ Compensation. Contact:
CACOSH, 1636 West Van Buren, Chicago, IL 60612
312-666-1611. |
Dealing With Doctors When Your Hurt on the Job
The first days following a work injury are critical. You can do irreparable damage to
your health, income, and the outcome of your Workers\' Compensation claim.
Picking the wrong doctor is a big mistake many workers make.
Most doctors receive little, if any, training in the treatment of job-related accidents
and disease or “occupational medicine” That’s hard to believe, given that every
year, millions of workers miss time from work because of such accidents and
disease. Unfortunately, it\'s true.
A physician who is board certified in Occupational Medicine is most likely to be
able to treat your problem or refer you to an appropriate specialist. Of course, if
you have sustained an injury requiring immediate attention, such as an amputation
or severe laceration or a burn or possible broken bone, you should go to the
closest emergency room. For broken bones or other skeletal or muscular injuries,
consult an orthopedist.
Not only must the doctor be right for your needs, but you need a doctor who is
familiar with and willing to be involved in the Workers’ Compensation system.
Doctors not only provide treatment; they also have a significant role to play in the
proceedings before the Illinois Industrial Commission. The doctor’s opinions are
key in deciding questions on issues such as:
* whether your job caused your injury or disease,
* your eligibility for temporary total disability (awarded when your condition
prevents you from working), and
* what permanent disability has resulted.
Regrettably, some doctors shirk their responsibility to participate. They fail to
provide copies of their records and neglect to provide patients with clear and
understandable information about their work status. They claim that they are too
busy to write reports or appear at depositions. They say that it is their policy not to
talk to lawyers. Their refusal to cooperate may result in a termination of all benefits
to their patient, sometimes leaving the worker without income or access to
medical treatment.
Doctors are often under enormous pressure from the insurance companies who
pay their bills. Insurance companies often press the doctor to release patients to
return to work before they are healed and ready--or to send them back without
proper restrictions on their activities. If you use a doctor who is uninformed,
disinterested, or easily swayed by an aggressive insurance adjuster, you will be
stuck with what the doctor says—or won’t say.
It is important to make a careful and informed choice of a treating physician at the
very beginning. Illinois law makes it difficult to shop around for a good doctor. The
law allows injured workers to choose their health care providers, but you are
limited to only two at the expense of the employer or insurer. Each of the two may
refer you to others in a chain of referral, but if you go beyond the two chains, the
insurer is not obliged to pay. You will then be limited to treatment by doctors
selected by the insurer.
If you\'re not sure what type of doctor you need, call the Occupational Medicine
clinics at either the University of Illinois Hospital (312-413-0369) or Cook County
Hospital (312-633-5310). These clinics are the best facilities in the area for
diseases caused by work such asbestosis, asthma, and dermatitis. Their doctors
are also highly knowledgeable about back injuries and repetitive trauma injuries,
including carpal tunnel syndrome. The physicians are genuinely concerned for
workers’ well being and understand their important role in the Workers’
Compensation system.
Your employer or its insurance company may want you to be seen by its doctor, in
addition to your own. Legally, they have that right, provided that they pay you in
advance for reasonable cost of transportation to the appointment. The employer
must also pay for any meals you are required to eat away from home and for any
wages you lose to attend the appointment. Don’t make the mistake of refusing to
go to these appointments, as it can endanger your Workers’ Comp benefits.
Some employers send their employees to so-called “occupational clinics” after an
accident. Do not be deceived by the name. Often, the facility is far more interested
in maintaining a business relationship with the company than in providing quality
care for workers. Again, you have the right to seek treatment elsewhere.
Finally, when you do see a doctor, it is important to be as clear as possible in
giving a history and in describing your symptoms. Be sure to say your injury or
exposure to harmful substances occurred at work (if this is true). Remember that
everything written in your records will be available to your employer and its
insurance company and will be carefully scrutinized. If the doctor instructs you to
stay off work, it is critical that you obtain a written note for your employer. Without it,
you will find it difficult to obtain the compensation to which you are entitled.
Similarly, if the doctor imposes restrictions on the job duties you can perform, they
should be spelled out in detail in writing.
It pays to investigate options for medical care in advance, so that if you or a
co-worker are injured, you won’t pick the wrong doctor.
Thanks to Dr. Linda Forst, Dr. Peter Orris, and the law office of Lewis Davidson &
Hetherington for their assistance with this article.
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