Medical Treatment In Your Workers Compensation Case

The purpose of this short article is to provide information about how medical treatment works in your workers compensation case.

First, if you got hurt at work you need to immediately report the incident to your employer or supervisor and request to see a doctor.

It is the duty of the employer upon receiving notice of an injury to provide treatment that is necessary to cure or relieve the effects of the injury. Treatment may include surgical and hospital treatment, including nursing, medicines, medical and surgical supplies, ambulance, crutches, apparatus and transportation to and from the home of the injured employee to a place outside the community in which such employee resides.

Under Kansas Workers Compensation Law the employer has the right to select the treating physician. That means the employer has the right to direct your medical care.  The treating physician can make referrals to other doctors as part of your treatment program. Benefits may be suspended if you refuse to submit to an examination or fail to attend scheduled appointments.

Once the treating physician is selected, you have the right to discuss your treatment with the treating physician, just like as with any other doctor. You are not required to go through the employer to contact the treating doctor, and you should call the treating doctor’s office for an appointment any time that you have problems. You should make all appointments on your own and make every effort to attend any and all scheduled appointments. You may also request that a report of any examination be delivered within a reasonable amount of time.

You have a $500 allowance for unauthorized medical for diagnosis, evaluation or treatment. The allowance may be used to obtain a second opinion from another doctor. However, the employer is not obligated to abide by any restrictions, or work slips issued by this doctor. You may continue to seek advice from your personal doctor but at your own expense.

The insurance company can send a case manager to attend your doctor’s appointments with you. However, you are not required to allow them to be in the room when you see the doctor.

If you are unhappy with your treating physician AND the Court finds the services rendered by that physician are not satisfactory, the Court may authorize the appointment of some other health care provider. When this happens, the employer shall submit the names of two health care providers that you can choose from. If there is a dispute as to the injury or whether additional treatment is necessary, the Court may appoint one or more neutral health care providers to provide an opinion for the Court.

If there are any problems with the treating physician, or you have other questions please contact us so we can help.

-          Cooper Law Office