When a workplace accident or occupational injury occurs, your doctor must support your claim before you are entitled to worker’s compensation benefits. Specifically, your doctor must support work-related causation of your medical condition, say that further treatment is reasonable and necessary as a result of the work injury, and verify the nature and extent of your injuries.
Unfortunately, injured workers may experience difficulty getting a doctor to confirm the full extent of their injuries or that they are work-related. Knowing how to communicate with your worker’s comp doctor can help. Here, we explain the role of your medical provider in your claim for worker’s compensation benefits and identify techniques and strategies you can use when you communicate with medical providers after a workplace injury.
Doctors play a key role in your claim for worker’s comp benefits. Your doctor will provide the official medical diagnosis, document your injuries, recommend appropriate treatment and medications, determine whether your injuries are work-related, and decide what your medical restrictions will be. In disputed claims, your doctor may be called upon to testify about the nature and cause of your injuries.
Because of the important role they play, how you talk to your doctor is vital to the success of your worker’s comp claim. When you discuss your injuries, how they occurred, and their impact on your life, you are creating a record that insurance adjusters and others will review and evaluate in deciding whether to award worker’s’ comp benefits and the amount of benefits you are entitled to receive.
Your doctor relies on your input to arrive at a diagnosis and recommend treatment. If you do not speak up about the nature and extent of your injuries, any limitations you have, or pain you are experiencing, your doctor might overlook important details that could lead to a missed or incomplete diagnosis or ineffective or delayed treatment.
Being consistent, honest, and accurate in your description of how the injury occurred and the symptoms you are experiencing will help your claim. You should describe the incident, your injuries, and your symptoms the same way to every medical provider you see, including ER personnel, your primary care doctor, specialists, and any medical technicians you interact with.
Giving different accounts of how your injuries occurred, the symptoms you experienced, or the severity of your injuries can undermine your credibility. Insurance adjusters and worker’s comp administrators will identify inconsistent statements and could use them to argue your injuries were not as severe as you claim or that you were not being truthful.
Focus on what happened, the part or parts of your body that were injured, and the symptoms you are experiencing. Avoid complaining or speaking negatively about your employer. Mention all the symptoms you are experiencing, even seemingly minor ones, and talk about how your injuries affect your life, including tasks you can no longer perform at work and at home.
Make sure every communication with your doctor is documented. Having an accurate written record of the statements you made about your injuries will help your case, and your worker’s comp attorney can use this information to ensure you receive the compensation you deserve.
Be thoughtful about how you report any pain you are experiencing. Underreporting your pain level could suggest you have fully recovered, while exaggerating your pain level could be seen as self-serving and out of alignment with the nature of your injuries.
Anything you say to any medical provider can be documented in your chart and become part of the record in your claim for benefits. These records will be reviewed by insurance adjusters, attorneys, and judges, and the statements you make could significantly impact your claim.
Be particularly aware of statements you make about pre-existing conditions. If you mention a prior injury or propose an alternate explanation for your injuries other than the workplace, your comments could hurt your claim. Similarly, telling a medical provider that you can perform tasks that contradict your claimed limitations, such as telling someone you were lifting bags of mulch or shoveling the driveway when you claim you have work limitations, could lead to your claim being denied.
Be accurate, truthful, consistent, and specific in your communications with medical providers regarding a worker’s comp claim. Statements you make as part of your medical care and treatment become part of the record and could be used to deny your claim or lower your benefit amount.
Finally, remember that your interactions with medical providers extend beyond what you say to your doctor. You may need to see various medical providers including emergency room staff, specialists, therapists, and medical technicians as part of the care and treatment you receive after a workplace injury. Being thoughtful in your interactions with these medical professionals will increase the likelihood of success in your claim for worker’s comp benefits.
Kingree Law is a premier worker’s comp law firm in Wisconsin. We exclusively represent injured workers in claims for worker’s comp benefits and focus our practice on cases in Eau Claire, Madison, and the surrounding counties throughout Wisconsin. We have a demonstrated record of success and have earned a reputation as one of the top worker’s comp firms in the state. We are committed to protecting your rights and helping you secure the benefits you deserve. To learn more, contact Kingree Law today to schedule an appointment to discuss your situation.
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