In Illinois, injured workers can receive workers’ compensation benefits as permitted by law and they also have the right to choose their own medical treatment. If they are not allowed to do so, they have every right to hire a worker’s comp lawyer in Waukegan and sue their employer or insurance company.
According to the Illinois Workers’ Compensation Act, employers have to provide employees with coverage for their work-related injuries. The Act also specifies employees have the right to choose their own doctor for their medical treatments.
That way, they can rest easy knowing that they can choose one they are comfortable with and has their best interests at heart. In contrast, a doctor who has an ongoing relationship with an employer or insurance agency can lead to a conflict of interest.
Unfortunately, a few employers do try to force injured employees to receive medical care at ‘company clinics’ to reduce the compensation they need to pay. However, as per Illinois law, injured workers have the right to select two doctors for their care. This is called the Two Doctor Rule.
Here is an example to elucidate this further. Say you injured your back at work trying to lift a heavy load at work. You visit a family doctor who prescribed physical therapy as part of your treatment. When the treatment doesn’t work as well as thought, you are sent to an orthopedic surgeon who orders an MRI and from the tests discovers you slipped a disc.
He then sends you to a pain management specialist, but when that doesn’t work to alleviate your pain, you are recommended surgery. However, before that, you are sent to a cardiologist for clearance and also have to hire an anesthesiologist for the surgery.
According to the Illinois Workers’ Compensation Act, all of these physicians will be considered a single physician choice. That’s because they were recommended by the one you chose.
In some cases, employers may choose a doctor for employees who suffer from work-related injuries. However, they have to ensure that the initial medical exam is conducted at a reasonable location and at a time that is convenient for the employee.
Plus, the employer also has to pay all of the expenses pertaining to the visit. This includes the cost of the exam, the consultation, lost wages along with the meals and travel expenses of the employee. Additionally, the doctor he chooses also has to provide a copy of the exam report to them. The employee can go to the initial exam, but may change doctors for further medical treatments.
Injured workers are entitled to full coverage for medically necessary treatments recommended by their doctors. This includes hospital visits, surgeries, medications, and physical therapy.
Yes, in most cases, injured workers can choose their own doctor. If your employer has a Preferred Provider Program, you may have some limitations, but you can still choose two doctors for treatment.
If your employer disputes your medical treatment, you may need to attend a hearing or mediation to resolve the issue. Consulting with a workers’ compensation attorney can help you navigate this process.
Yes, you can request accommodations such as changes in job responsibilities or assistive technology to help you return to work. Your employer should work with you to accommodate your needs.
Once you reach maximum medical improvement, your benefits may end or only cover certain expenses. It’s important to follow your doctor’s recommendations to ensure a full recovery.
You should notify your employer about your injury and file a claim with the Illinois Workers’ Compensation Commission. Provide all necessary medical documentation to support your claim.
If your employer is not cooperative, you can seek legal assistance to enforce your rights. An attorney can help you navigate the legal system and ensure you receive the necessary medical care.
If you have been injured at work and your employer or the insurance agency refuses to compensate you, get in touch with our workers’ comp lawyer in Waukegan at the Law Offices of Robert T. Edens today. We offer aggressive representation for worker compensation claim violations. If you cannot find the information you are looking for, please do not hesitate to get in touch with us at our offices in Chicago, Waukegan, Libertyville, Woodstock, and Antioch, IL.
(Updated 1/20/2025)
The Law Offices of Robert T. Edens, Personal Injury and Workers' Compensation Law Office, have offices in Antioch, Waukegan, Grayslake, Woodstock and Barrington. We represent clients throughout the communities of Antioch, Waukegan, Grayslake, Barrington, Woodstock, Buffalo Grove, Deer Park, Gurnee, Lake Zurich, Round Lake, McHenry, Cary, Crystal Lake, Libertyville, Lincolnshire, Mundelein, Vernon Hills, Wheeling, North Chicago, Zion, Inverness, Palatine, Wauconda, Island Lake, Fox Lake, Barrington Hills, Spring Grove, Lake Bluff, Lakemoor, Long Grove, Lake Villa, Kildeer, Wadsworth, Indian Creek, Fox River Grove, Lindenhurst and other cities within Lake and McHenry Counties Illinois.
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