Illinois Workers' Compensation Attorneys Blog

Many times a hurt or injured worker in Illinois will reach a point in their treatment where the insurance company will want them to see what's called an Independent Medical Examiner. Many workers are scared of what may happen if they see these "company doctors." But as an injured employee, you need to attend such a medical examination at the request of your employer if you are receiving disability payments from a work-related injury.

According to the Illinois Workers' Compensation Act, for the purpose of inquiring more information about an employee work injury, medical examinations by employers may be requested. The expense incurred from these examinations is to be paid by the employer. Reasons vary for the request but may include inquiries as to the nature of an employees injury, extent of time needed to recover, and other information necessary for calculating the disability benefits to be paid and compensated to the employee.

How will an employer notify me of their requested medical examination? The request made by an employer within Illinois needs to be a delivered notice including the proper facts surrounding the examination to the employee. This notice should include the time and place (if at an employer's physicians choosing) of the examination.

What if the medical examination requires me to travel? An employer is to cover a sufficient amount of money to cover the cost if travel is involved. Expenses may include travel through the most convenient and reasonable means to and from the place of the medical examination. Meals may also be included if they are within the time of travel to and from the location.

Can they schedule the medical examination during my working hours? Yes, an examination can be assigned during the workweek. However, if the employee has returned to work in some capacity, the employer is then obligated to reimburse the employee for loss of wages.

How will my employer know if I went to the examination? In the presence of a physician or surgeon chosen by the employer, the doctor or surgeon must deliver a statement regarding the injured employee's condition to (1) the injured employee or his representative, (2) to the employer or his representative, and (3) delivered within 48 hours before the case is set for hearing. If the physician refuses to send a copy to the employee or said copy is different from the copy delivered to the employer, the physician will be denied from testifying at the hearing.

Can I refuse to undergo the medical examination? If an employee chooses to not take part in the medical examination, that employee is obstructing his own right to Workers' Compensation benefits temporarily. An employee is required to attend the employer's requested examination.

While it may seem intimidating to have a different doctor examine you at the request of the insurance company or your employer, it is important you attend the scheduled appointment. It is also important that you are straight-forward and honest with the independent medical examiner. No matter what "their" doctor says, an experienced Illinois Workers' Compensation attorney can fight for you to ensure that you continue to receive the benefits you deserve.

If you are awarded Workers' Compensation Benefits, then your employer should pay for your medical bills. If you are being told differently, or are being expected to pay a portion of your bills, contact your Illinois Work Injury Attorney.

Not only should your medical bills be paid for, you have the right to choose up to two doctors of your choice. Plus, if those doctors refer you to other doctors, your employer must pay those expenses as well. Legally, your employer is responsible for:

-Emergency Services
-Physicians & Hospital stays
-Any additional medical care the worker is referred to

While employers are allowed to request an independent medical evaluation, the employer is responsible for payment of that exam.

If you are hurt at work, you have rights. You may be entitled to:

-Unemployment Compensation
-Social Security Benefits
-Disability Benefits
-Group Health Insurance Benefits

To be sure that your employer is following the law and that you are receiving all you are legally entitled to, please contact your Illinois Work Injury Attorney.

In the recent case Williams v. Rehab and Care Center of Jackson County, the Commission awarded benefits to the claimant for disability relating to disc herniation, but denied any benefits for her fibromyalgia. Fibromyalgia is a medical disorder characterized by chronic widespread pain and a heightened and paintful response to pressure. The Commission found that the claimant did not present sufficient evidence establishing a relationship between the fibromyalgia and her work accident. The main point to be gleaned from this case is that the absence of symptoms consistent with fibromyalgia until 38 months after the work accident constitutes strong evidence negating a causal relationship between accident and fibromyalgia.
The claimant was working as an administrative assistant on October 27, 2004, when she injured her back lifting a box. She was later diagnosed with a disc herniation. Instead of surgery, she opted to receive conservative treatment, but her symptoms failed to improve. In January 2008, she was also diagnosed with fibromyalgia. The claimant's family doctor testified that chronic back pain can cause fibromyalgia and that there was a causal relationship between the work accident and fibromyalgia. The defendant's medical expert stated that if the claimant did, in fact, have fibromyalgia, that it was not caused by her job. The arbitrator awarded temporary total disability for the disc herniation, but ultimately found that the claimant failed to establish a causal connection between the fibromyalgia and the work accident, as there were no symptoms consistent with fibromyalgia until 38 months after the accident.
If you have questions or concerns about your condition and its relation to a work injury, please contact you Illinois Work Injury Attorney.

In Illinois, the Workers Compensation Act provides that an employer has the right to have any injured worker examined by an "independent" physician of their choosing. There are some things about these examinations that it is helpful for the injured worker to understand, because often these examinations have an effect on workers compensation benefits.

There is a lot to understand about independent medical examinations, but we will start with the basics. The first thing to understand is that the employer has a legal right to have an examination performed. This means that if an injured worker fails to appear for an examination requested by the employer, the employer may legally terminate benefits.

Another important fact to understand is that although the Illinois Workers Compensation Act treats these physicians as "independent", most often they are not. The employer, and more specifically the Workers Compensation Insurance Company, develops relationships over time with particular physicians, ones who understand that they will get repeat business from the insurance company if they help to save them money on a workers compensation claim. That being said, it is important to be as cooperative and forthcoming at your independent medical examination. Occasionally, they will agree with your treating physician. And, regardless of whether they agree with your treating physician, we want to make sure that their opinion is based on all of the facts that you are aware of that are important to your case.

There are many more things to understand about independent medical examinations, but this will hopefully provide a start. We will be posting more about this topic in the future.

Continue reading "The Basics of Independent Medical Examinations Under Illinois Workers' Compensation Law" »