Illinois workers' compensation- IME doctors against the treating physician
This question came in from a reader:
My question is can Work Comp make you see their Doctor and go by his orders on stating you can return to work light duty when my own Doctor who performed my shoulder surgery stated I am not to return to work.
That's a good question and a scenario that pops up a lot. If the insurance company has a doctor that says you are fine, they can rely on that opinion to deny you benefits. In other words, can they do it, yes, but you do have options.
Option 1 is to try to go back to work and see what happens. If you give it a go and it doesn't work then all of the sudden the opinion of the company doctor isn't very credible as long as you are credible when testifying. Of course we can understand why you wouldn't want to do that because nothing is more important than your health so why should you risk it?
Option 2 is to go to trial and pit your doc against theirs. Injured workers win most of these battles. But nothing is guaranteed and even if you win you might be without money for quite some time which is really like losing in the end.
Option 3 is to see if the company will work with you. Often the insurance company tells you one thing, but the employer is a good guy that says something else. So if your boss wants to listen to your doctor then you might be ok.
Not one option is right for everyone. You have to decide what is best for you.
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.
