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Archive for the ‘your rights’ tag

Illinois Two Doctor Rule in Worker Compensation Cases

July 17th, 2014 at 12:16 pm

two doctor rule, Illinois workers' compensation lawyer, your rightsAccording to Illinois workers’ compensation law, if you are injured in a work-related accident, you have the right to choose your own doctor, as well as any other doctors you are referred to, for treatment. Injured workers actually have the right in Illinois to choose two doctors. This is called the “two doctor rule.”

Many companies try to get the injured employee to go to either the company clinic or a doctor that has a contract with the company. This is done with the idea to keep the company costs down, but it is usually not the best choice for the injured employee. If there is a doctor on the company’s premise that you see when you are injured, this is not usually considered your first choice. However, if you initially go to a doctor at the company clinic, it may or may not be considered your first choice, depending on just how agreeable you were to the visit. An initial visit to emergency rooms when you are injured is also not considered your first choice.

A recent case that was brought before the Illinois Workers’ Compensation Commission highlights just how important the two doctor rule can be to protecting the rights of an injured worker.

The case involved a man who was employed as a carpenter for a remodeling company. The man injured his back while moving a large pile of group studs. The man’s supervisor insisted on driving him to a chiropractic clinic, despite the man’s wish to go to a different doctor. The visit to the chiropractor failed to relieve the man’s symptoms, and three days later he went to the emergency room with severe lower back pain.

The emergency room doctor advised him to make a follow up appointment with his primary care physician. Instead, he went to another physician, who was not his primary care doctor and for which he did not have a referral for, and was diagnosed with bulging disk. The man eventually had to undergo surgery for his injury when other treatment methods fail to produce any relieve.

The commission ruled that the initial visit to the chiropractor was not the man’s first choice of doctor and neither was the emergency room physician the man saw. Although he did not have a referral to go to the physician who he did choose to see, the commission ruled that this physician was the man’s first choice and awarded the man 65 weeks of total disability, as well as $110,666.50 in medical expenses.

If you have been injured on the job, contact an experienced Illinois workers’ compensation attorney to find out what civil recourse you may have for compensation for pain and loss you’ve suffered.

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