A recent caller to my office was working outside on one of our hot summer days (seriously, this summer has been crazy). He suffered from a bad case of heat stroke. Normally this is not the type of case I would get involved with, but it was not his first time that he had heat stroke. He also has some kidney damage and his doctor advised him to get a new job that doesn’t require him to work outside. The doctor told him that once you have heat stroke once, you become much more susceptible to it happening again.
The opinion of the doctor in this case was the most important factor in our office looking at this case for representation. In fact, the doctor’s opinion is the most important one in any work comp case in Illinois (although I guess if you go to trial, it’s the Arbitrator that matters most).
If you don’t have a doctor in your corner about your injuries being work related and/or permanent, you have basically no chance of winning your case (and these lawyers who claim they never lose, but count a $500 settlement as a win are note winning). This is especially true if you don’t have an accident that clearly caused an injury. If you fall off a ladder and shatter your leg, you don’t need a strong doc to tell you how you hurt yourself, although you may need him/her to give an opinion on the long term damages or treatment that you need.
But if you have an injury from repetitive work or if you had a heart attack or if you waited two weeks before getting treatment or have sun stroke, etc., then it’s really important to have a strong, credible physician who will state (assuming they believe it) that your injuries are in fact work related.
It’s not your job to find a doctor to testify for you. Your lawyer should advise you what questions to ask your doctor, ask those questions for you or send you to an independent doctor for an exam.
As an injured worker, what you can do to help your case is: 1. Be honest with your doctor. Don’t embellish your problems and don’t undersell them either. 2. Be direct. Tell them how you got hurt with specifics. If they ask you to write it down, be clear. 3. Be informative. You can’t expect a physician to state your job caused an injury if they don’t know your job duties. If you type for four hours a day, they need to know that. If you lift boxes they need to know how much they weigh. If you are walking a lot, how far are you going?
Finally, you can choose the medical professional that you treat with. If you don’t know a good one, ask for a recommendation from your lawyer or a physician. And just like with a lawyer, if the doctor seems sleazy or doesn’t give good service, don’t go with them. Unlike lawyers, it’s much harder to switch doctors.
We are workers’ compensation attorneys who 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.
