After a work injury, you will likely seek medical attention quickly. The law may require you to treat with a workers’ compensation-approved doctor (the dreaded panel list) that your employer will send you to and, that doctor, will be in charge of deciding your treatment plan, how your injury impacts your daily life, and any work restrictions. If not available, you may go to a doctor of your choice. At Pearson Koutcher Law, our workers’ comp attorneys have a strong network of trusted doctors in your area that we can set you up with to get you what you need to recover quickly. There are many times the law may not require you and you have a choice.
The information that you give your treating doctor and how you communicate it will be an important step in acquiring adequate compensation. There are certain things you should say and certain things you should avoid saying in order to prevent conflict. Your workers’ compensation attorney can help you get the most out of your compensation by coaching you through these communication details.
During the process of getting medical care from the doctor, what you say and do not say is critical and can significantly impact your claim. Insurance companies scrutinize medical records when determining compensation, so what your doctor details in the records can make a huge difference.
Statements you should avoid saying to your doctor include the following:
Lying to the doctor, which may include:
Downplaying your injury
Avoid reducing your symptoms and be as honest as possible. If you downplay symptoms, your doctor will put what they hear on the medical record, which may prompt your doctor to recommend you return to work, stop resulting medical benefits or receive a lower lump sum settlement. Tell your doctor about every symptom of your work injury even if they feel minor or fluctuate in occurrence.
Exaggerating symptoms or pain
On the other side of the spectrum, you should also be sure not to exaggerate symptoms. Doctors have significant training and will likely notice inconsistencies between your injury, the accident, and your pain. If you appear to be dishonest, you can lose credibility, and this could influence how your workers’ compensation claim is handled.
Suggesting the injury might not be work-related
Even a slight suggestion that the injury could be related to something outside of work could hurt your claim. If you are at the doctor’s office after a workplace accident, focus specifically on the injury that resulted from the accident. If an accident aggravated a previous injury, talk to a workers’ compensation lawyer about how you should address previous injuries.
Mentioning a prior injury
Your lawyer can give you helpful advice in handling prior injuries to ensure you get the compensation you deserve from what happened during the accident. However, if you are discussing a past injury aggravated by the workplace accident, be honest. Tell your doctor about the prior injury, what exactly happened at work, and how that accident aggravated or reinjured you.
Suggesting you can work through the pain
You may be tempted to tell the doctor that you can still work through the pain if you need the paycheck. However, you should avoid doing so and let your doctor determine the appropriate conclusion. If you say you can still work, your doctor might mark that you are okay to work even if you are not, and you would not be eligible for workers’ comp benefits. Rushing back to work despite your injury NEVER works out well for the injured worker. Your workers’ comp attorney can explain why.
Notify Your Employer Immediately And Seek Medical Attention as Soon as Possible After a Workplace Injury
If you get injured at work, whether by a severe injury or a minor one, you should notify your employer and, if available, head to a workers’ compensation-approved doctor for a medical evaluation. According to Pennsylvania workers’ comp law, you will have 120 days to report your injury to your employer. However, you should report the injury and seek medical attention as soon as you can to avoid the argument that your injury is not related to the work incident. Its recommended you provide notice through text or email so you have proof if needed in the future.
You may not be able to see just any doctor for your workplace injury, unless your injury is an emergency. At a minimum, your employer must provide a list of designated health care providers called a panel list. There are several, requirements that would make you have to treat with a panel list, but if your employer has no panel list and just tells you where to go, you are free to see your own doctor. If your employer has no panel list, you are free to see your own doctor Any medical records that you acquire from your initial visit are critical to your claim unless, as previously, mention, your employer has no list. Call the workers’ comp lawyers at Pearson Koutcher Law to go over the details of your specific situation.
If you see a designated health care provider, they will submit your medical records to your employer to begin the workers’ compensation claim. If you see a doctor that is outside of the designated health care providers, you will be in charge of getting the medical records to your employer or to your workers’ compensation attorney to submit the claim.
What and how you communicate to your doctor during your initial exam will become the jumping-off point for your workers’ compensation claim. Many things are determined during your visit. Because of this, there are some things your workers’ compensation attorney will strongly recommend you communicate with your doctor including:
What you choose to say or not say to your workers’ compensation doctor can make a significant difference in how successful your workers’ compensation claim will be. It is most important to be completely honest about your injury, giving as much detail and context as possible. With the right communication, honesty, and context, you can be well on your way towards either acquiring the compensation you need for a full recovery or securing disability benefits for the long-term impact of your injury.
This article was written by Benson & Bingham Injury Law, trusted Las Vegas workers’ compensation lawyers with over 25 years of experience and a deep commitment to their clients and community.