Theoretically you could see hundreds of doctors
A reader ask:
In Illinois how many doctors can a Injured worker see on
his or her own?If my doctor and the Work Comp doctor do not agree with
treatment can I see a second doctor of my own?
Under Illinois workers' compensation claims, you choose your own doctor. Your employer can send you to a doctor of their choosing for a one time visit. You are entitled to two choices of doctors, but that doesn't mean that you can only see two doctors. Confusing? Let me try to explain.
The reality of the law in Illinois is that you are allowed two chains of medical referrals. If you get hurt and go to your primary doctor and that doctor sends you to an orthopedic doctor who in turn sends you for an MRI, then physical therapy, then to a pain management doctor and finally to another orthopedic doctor for a 2nd opinion, that is one chain of referrals. If you wanted a 2nd opinion you could seek one out on your own or ask one of the doctors you have already seen for a referral. If it's from a referral it doesn't count as a 2nd opinion because it's still part of the first referral chain.
I've probably confused you more than before, but let me tell you the key thing to remember. If you go beyond to chains of referrals, even if it's a compensable injury, the insurance company doesn't have to pay. If you want a 2nd opinion I always tell my clients to ask their primary doctor to make a referral for them so this doesn't become an issue.
Now back to the original question. While this reader can get a 2nd opinion, if the case is being hurt because of the doctor the company got, I wouldn't tell her to get a 2nd opinion. Instead, if her doctor is credible I would simply motion the case for trial and let the Arbitrator decide who to believe. In general Arbitrators give more weight to the opinion of a treating doctor. If the reason for wanting a 2nd opinion is to help the case, it could actually hurt the case if the new doctor agrees with the company doctor. This case is going to go to trial anyway because once an insurance company has a doctor in their favor they usually dig in their heels. So instead of delaying, let's get before the Judge, win your benefits and let you focus on getting better. That's how I would handle it.
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.
