Illinois Workers' Compensation: If it Hurts, Treat it Like it Hurts
There may be times where, even though you are in a lot of pain, it could be best just to “grin and bear it.” When you are suffering from pain due to a work-related injury, that would not be the time. In addition to the physical pain you are needlessly going through, you could also needlessly be hurting your chances to get the workers’ compensation benefits you may be entitled to for your injury.
The workers’ compensation system in Illinois is there to help injured workers get the medical treatment that they need, and to compensate them for their loss when they cannot work as they could before their injury. But in order to be able to show the extent of your injuries, your medical records, including your doctors’ testimony, need to contain the most accurate information about your current condition.
A worker in a case recently decided in Illinois, learned this lesson the hard way. He was a warehouse worker who seriously injured his back while lifting a box, and was diagnosed with a herniated disc. He received professional medical treatment, including prescription pain medication. When his case was heard at the Workers’ Compensation Commission, the amount of his recovery was lowered, because the Commission determined he was exaggerating his symptoms.
This decision to downgrade his recovery was based on the fact that he claimed to be experiencing pain similar to when he was first diagnosed, yet he was not receiving any professional treatment for it like he had done previously. He was treating his pain with over-the-counter medication and stretching exercises. Because his home-made treatment was in such contrast to the professional, medical treatment he had received initially, the Commission concluded he was exaggerating his current level of pain.
If, in fact, this worker’s symptoms were not any better, but the only change was his not seeking proper, similar medical treatment, then it’s unfortunate that he lost out on some of the benefits he may have been entitled to, which he needed. Just putting up with pain may sound like an admirable quality, but in a case like this it can be self-defeating.
Proper, treating physicians are an injured workers best chance at recovery from an injury. And they also may be the best chance at showing the true nature of your injury and the pain you are suffering. Unfortunately some people do exaggerate their symptoms, and it is never appropriate to be anything less than truthful in your workers’ compensation case. So when you are, in fact, suffering from significant pain from your injury, you do not want to risk being accused of not telling the truth, just because you decided to suffer through it on your own without professional care.
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.
