“Ask an Attorney” – Illinois Personal Injury Lawyer Answers Worker’s Compensation Questions
In part three of this week’s series, a reader asks this question: “My doctor wants me to have an MRI for my work injury, but the insurance company won’t approve it. Do I have any recourse?”
Chicago Personal Injury Attorney: “You do! Whenever a dispute arises regarding delivery of benefits in a worker’s compensation case – and that could be benefits for lost time, payment of medical expenses or authorization of medical treatment, or compensation for permanent disability – you have the right to a hearing before an arbitrator at the Illinois Workers Compensation Commission, which is the court that hears worker’s comp cases.
As the injured worker, you bear the burden of proving every element of your case. When we’re talking about medical treatment, or some type of diagnostic test like an MRI, it’s necessary to prove that the treatment is reasonably necessary to cure or relieve the effects of the injury.
Normally, in the case of a diagnostic test that’s not too difficult, but it could require a medical opinion from your doctor, sometimes even medical testimony.
The employer also has rights. The employer has the right to present its own medical evidence, to rebut your proof, or to demonstrate that the test or treatment is somehow either unrelated to the injury, or is not reasonable or necessary to treat the condition.
If you’re represented by council in your workers compensation case, your Illinois personal injury lawyer will know how to proceed. If you have further questions, contact a Chicago personal injury attorney who specializes in Workers Compensation cases.
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