Legal Question in Workers Comp in Illinois

Seeing my own Doctor

I received a back and neck injury while working approx. 3 weeks ago. I have gone to the companies work comp group of physicians and they are unwilling to discuss my diagnosis. My pain has gotten worse so i contacted my own dr. the work comp dr's had advised i was able to work light duty. the private dr. has advised i am to be fully off work while the injury is evaluated and treated. now my company says i am not ellgible for workman's comp. because of the conflicting reports. is this true?


Asked on 6/19/07, 11:32 am

4 Answers from Attorneys

Matt Belcher Belcher Law Office

Re: Seeing my own Doctor

QUESTION:

I received a back and neck injury while working approx. 3 weeks ago. I have gone to the companies work comp group of physicians and they are unwilling to discuss my diagnosis. My pain has gotten worse so i contacted my own dr. the work comp dr's had advised i was able to work light duty. the private dr. has advised i am to be fully off work while the injury is evaluated and treated. now my company says i am not ellgible for workman's comp. because of the conflicting reports. is this true?

ANSWER:

No.

You need an attorney who is well-versed in workers' compensation.

Your own doctor is most likely entitled to deference in this matter, depending upon his specialty and the objective findings.

In the meantime, provide a copy of the off-work slip to your employer. Present yourself only for work that you feel is safe for you to do until you have had an attorney review all of the facts of the case.

Good Luck,

Matt Belcher

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Answered on 6/19/07, 11:43 am
Nima Taradji Taradji Law Offices

Re: Seeing my own Doctor

No it is not.

Your company is BSing you and they are hoping that you would take their word for it and not make a claim.

The fact of the matter is that if you were injured on the job, you are entitield to have all your medical bills paid, your wage loss compensated and you are entitled to a lump sum settlement for any temporary disability.

If there is a conflict between the company doctor and your own, an arbitrator will heva to be involved and make a decision.

You cannot do this on your own. You must get an attorney to take on your case, otherwise, chances are that you either have to go back to work while injured or you are going to get fired for non-compliance.

I hope this helps,

Taradji Law Offices

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Answered on 6/19/07, 11:44 am
John Wunsch Law Offices John C. Wunsch, P.C.

Re: Seeing my own Doctor

Dear Sirs:

Your benefits under the Workmen's Compensation Act include:

1. TTD Benefits for lost wages, usually 2/3rd of your gross weekly wage;

2. All medical bills paid;

3. Two (2) doctors of your own choice.

A conflict in medical is typical, not unusual. You need an experienced lawyer to file the application and to proceed with the case in the event it does not settle.

Wishing you the very best, I remain

Very truly yours,

Law Offices

John C. Wunsch, P.C.

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Answered on 6/19/07, 11:57 am
Kelly Bennett Bennett Law Offices

Re: Seeing my own Doctor

PLEASE ... Do yourself a favor and hire a worker's compensation attorney. We all work on a contingency fee basis, that is, we only collect a fee at the end of litigtion, if we collect for you.

The truth is, many employers do not treat injured employees fairly unless they have an attorney who knows the law.

Good luck.

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Answered on 6/19/07, 3:06 pm


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