After a workplace accident or occupational injury, what you say to your doctor during your first treatment visits can have a big impact on your worker’s compensation claim. You must explain to your doctor that you suffered a workplace injury and be sure they include this information in your chart.
Medical professionals are often so focused on identifying and treating the physical problem, they may ignore how it happened. They frequently focus on, “What is the problem? How long has it been going on? What are the findings? What is the diagnosis? And what is the proposed treatment plan?”
These are all important questions. But to obtain worker’s compensation benefits after a workplace injury, you must emphasize how your injuries occurred so this information will be included in your medical record.
It might seem obvious, but if you don’t tell your doctor you were hurt at work, they might never know.
When you see a doctor after an injury, don’t wait for the doctor to ask the right question. Instead, explain the circumstances that caused your workplace injury so this information is included in your medical record. This includes situations where you had a single-event injury, or where your work activities over time caused the condition.
When you claim workers’ compensation benefits, having information in your medical record that links your treatment to the accident will help you obtain compensation for your lost wages, medical expenses and permanent disability related to your injury. Many injured workers believe that the injury is minor and permanent disability will not result, and therefore do not discuss the work-related nature of the condition. However, if the condition turns out to be serious, having the correct cause in your medical records can mean the difference between a successful workplace injury claim and a denied claim.
When you explain your symptoms, tell every medical provider you see that your injuries occurred at work or that your job caused your injuries.
When you see your doctor, be as specific as possible about the symptoms you are experiencing. The more detailed you can be, the easier it will be for your doctor to diagnose and treat your injuries.
In addition to discussing your pain and other symptoms, explain that your injuries were caused by a workplace injury. Explain that you were at work, describe your job duties and describe the exact circumstances leading up to the injury. You might include details about the job site and the specific location where your injuries occurred.
If your doctor refers you to a medical specialist, the specialist may not know your full medical history. When you meet with the specialist, explain again that you were hurt at work and make clear that this was a workplace injury. Ask that the specialist put that information in your chart.
At some point, your doctor may be called upon to explain their treatment. If the doctor does not have your full medical history, an insurance company may try to challenge their credibility by showing that they were not aware of your full medical history or that you were hurt at work.
Restrictions on your ability to perform work activity are a key component of any worker’s compensation claim. Always ask your doctor for medically appropriate work restrictions so you can properly recover from the injury or prevent further injury. If your doctor recommends that you be placed on light duty, ask them to provide that information in writing and provide it to your employer. If you are unable to work or if your employer is unable to reasonably accommodate your temporary restrictions, you are entitled to wage loss benefits from the worker’s compensation insurance company. If you have permanent restrictions that cause you to lose your job, you may be entitled to retraining or loss of earning capacity benefits in some circumstances, among other benefits.
Your doctor’s findings and opinions may affect your eligibility for worker’s compensation benefits. If a doctor does not note that you suffered a workplace injury, your claim may be denied. Further, if a doctor does not provide an opinion that your current condition is related to a work injury, your claim may be denied. It is vitally important for you to seek treatment with doctors who will, at a minimum, document the work injury and provide an opinion that you likely sustained a work injury and your current condition is at least partially due to the work injury or work activity over time.
Kingree Law can help you obtain the benefits you deserve. Wisconsin workplace injury attorney Luke Kingree has been practicing workers’ compensation law since 2007. He understands the Wisconsin workers’ compensation system and has earned a reputation as a fierce advocate for injured workers who knows what it takes to get results.
If you suffered an injury at work, contact Kingree Law today. With offices conveniently located in Madison and Eau Claire, Kingree Law proudly represents injured workers throughout Wisconsin.
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