Importance of Treating Physician in a Workers’ Comp Case
Your treating doctor’s opinion will carry significant weight in your workers’ compensation case. Unlike a doctor who examines you once, your treating doctor monitors your recovery over time. This gives your treating doctor a better understanding of your injuries, your need for medical treatment, your ongoing physical limitations, and the likelihood of a full recovery.
Your doctor will make important decisions in your case that will directly affect your recovery and benefits, including:
- Diagnosing and treating your condition. In order to receive workers’ comp benefits, you’ll need a medical diagnosis from a doctor. Your doctor will also direct all of your medical care, deciding whether you need physical therapy or medications, for example.
- Referring you to specialists. In most cases, your doctor will need to sign off on any referrals to a specialist, such as a surgeon or orthopedist. Your doctor’s willingness to listen to you and get you the treatment you need is essential.
- Deciding your work restrictions. Your treating doctor will decide if you need time off work, giving you a chance to recover and receive partial wage benefits (called temporary disability benefits). Your doctor will also decide when you’re able to return to work. If you’re sent back to work too early, or without any work restrictions, you might injure yourself further.
- Determining your level of permanent disability. Once you reach maximum medical improvement—when your condition is stable and will no longer improve—your doctor will evaluate whether you have permanent limitations. Your doctor’s conclusions will be used to calculate how much you’ll receive in permanent disability benefits.
Providing evidence in your case. At every appointment, your physician will create medical records that will serve as valuable evidence in your workers’ comp case. Careful and consistent documentation of your injury, treatment, and recovery can lead to fewer disputes with the insurance company. Your doctor will probably also need to testify on your behalf, either in a deposition or at a workers’ comp hearing.