Ask the Attorney - Illinois Personal Injury Lawyer Answers Your Legal Questions
PUSHING PAIN MEDS OVER SURGERY
Chicago personal injury attorneys often specialize in Worker’s Comp cases and can answer virtually any legal question you may have. The following is another answer to an interesting question from one of our readers:
“I have a repetitive wrist injury and would like to have surgery but my workers comp carrier wants me to remain on pain meds instead. Can they dictate my care?”
Chicago Personal Injury Attorney: “Let’s make clear that it makes no difference whether your injury is repetitive in nature, or whether it’s a specific incident of trauma. Under Illinois law, both the repetitive or cumulative trauma injury, and the specific incident of trauma meet the definition of a work accident under our [Illinois] Workers Compensation Act.
In terms of your choice of medical treatment, Illinois allows for employee choice of doctor. I believe that’s now the minority rule. Most states permit the employer to pick the treating doctor. That’s not the case here. As long as the prescribed course of treatment is reasonable, necessary, and causally related to your work injury, you’re entitled to rely on the opinion of your own doctor as to the prescribed course of treatment. If there is a dispute over what type of treatment you should have, you are entitled to a hearing before an arbitrator before the Illinois Workers Compensation Commission. The arbitrator will decide, essentially, which doctor to believe, whether it’s the treating physician or the ‘hired gun’ from the insurance company who doesn’t want you to have surgery.”
If you have questions about a Workers Compensation case in Illinois, personal injury lawyers can greatly assist you.
For more legal questions answered by a Chicago personal injury attorney, visit our “Ask an Attorney” audio feature.
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