Law Office of James M. Hoffmann Articles Getting Medical Treatment For a Work Injury

Getting Medical Treatment For a Work Injury

By James M. Hoffmann  May. 21, 2014 2:25p

Missouri`s workers` compensation law gives employers the right to choose a health care provider for an injured employee. As a result, most employers authorize their insurance carrier to choose a doctor for the injured worker on their behalf. However, medical care is administered by the chosen physician, and does not fall under the control of the insurance company. Cases of dissatisfaction may arise where an employee doesn’t get treatment that he deserves. Workers' compensation attorneys come across various cases wherein reasonable care has not been provided. Employees need to understand their rights. Here are answers to some common questions about the claim process:

What happens when the injured worker is not happy with the diagnosis made or is not satisfied with the health provider assigned?

In such cases, Missouri workers’ compensation law comes in handy. Under such circumstances, the injured worker can seek the services of a private doctor but he/she has to pay for any expenses incurred. Considering the high cost of medical services, such cases are limited.

The issue gets complicated further because even if the employee has personal insurance, they would not foot the bill in his/her behalf, because work injuries are the reposponsibility of the employer or his insurance provider, not of his health insurance provider.

In case the accident happens in a rural area or in a place with no medical facilities, the injured or ill worker might need to travel. Under workers' compensation law, the employer is responsible for providing all transportation expenses. However, if the employee is seriously injured and finds it hard to travel, he should inform the employer about this situtation. It is advisable that in such cases, the injured worker should consult an experienced Missouri workers compensation attorney. The injured worker can also file an appeal, and request a hearing before an administrative law judge.

At times an employee may feel dissatisfied with the diagnosis made or the kind of treatment offered. Such situations should be handled with utmost caution. Injured employee should try approaching the insurance company for a solution. If this doesn’t work out, seek the services of a Missouri workers compensation attorney who will file a formal complaint with your employer. Note that your employer has the right to change your physician and mode of treatment if they feel you are not getting the appropriate attention or disagree with the diagnosis made.

MIssouri Workers' Compensation

In case you have filed a claim for compensation, you have the right to an evidentiary hearing. This simply means that your case should be scheduled for trial. Nonetheless, you should first seek advice from your compensation lawyer on whether this move is necessary or not. If it proceeds to a hearing, the judge decides whether your insurer should provide you with the extra medical attention or not. It is worth noting that all evidence is based on the injured employee`s condition. However, in such case the burden of proof lies with the injured employee.

Once again, if you experience any difficulties during the treatment period consult with a workers' compensation attorney. This also applies when you have difficulties in getting the medical treatment you need.

Law Office of James M. Hoffmann | St. Louis, Missouri Workers' Comp Attorneys

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