Illinois work comp- when medication makes you drowsy

A reader asks:

I've recently had a shoulder surgery and am taking prescriptions
(hydrocodone and Valium) for the pain. My employer has been able to find
light work for me, but has restricted me from driving company vehicles,
which I understand completely.

My problem is the insurance company wants me to drive my personal vehicle
to work while under the influence of these prescriptions!  I have about a
25 minute drive to work, which is in a rural area and not served by public
transportation.  I do not have a reasonable way to get work except to walk
(shuffle and stumble) 12 miles.

My physician (which requires about 30 days to get an appoint with him)
isn't willing to take me back off work, and the workman's comp
representative doesn't care how I get to work, as long as I get there. For
what its worth my physical therapist is completely outraged, but I don't
want to drag her into it and chance getting her into any trouble with the
Physician's group.

There is nothing about this issue that sounds reasonable or intelligent to
me.  I sure don't want to get into an accident on the way to work because
there isn't anyway I would be able to pass a blood test.

This is something we see a lot.  If this was our client we'd tell them a few things:

1. Let's go to the doctor and see if he will sign off on our client driving after taking the drugs the doctor  has prescribed.  Most doctors want to cover their own ass.

2. Let's see if we can get the company to provide transportation as long as he is on this medication.  It's probably safer and easier for them too.

3. This is where getting a lawyer who focuses on Illinois workers' comp and knows the adjusters and defense attorneys can help you.  Having the right attorney can truly make the difference.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

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Comments (2) Read through and enter the discussion with the form at the end
Ken Stewart - October 5, 2010 2:33 PM

I work for an employer in Illinois that insists an employee injured on the job must see the company Doctor/clinic first after reporting an injury. Are there any laws which give me the option of seeing my own Doctor or going straight to an emergency room first? I understand I can refuse to be treated by their Doctor, but I'm under a collective bargaining agreement which states that I can be sent to their Doctor for evaluation. I know that seeing their Doctor first is not in my best interest should I get injured.

Mike Helfand - October 5, 2010 2:41 PM

They certainly can't prevent you from going to the ER first or your doctor first in my opinion, but they can make you see their doctor eventually.

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