While being involved in a work-related accident can be an overwhelming event, know that you do not have to face it alone. A skilled Denver injury attorney can offer you assistance regarding your medical treatment and workers’ compensation in Denver that you could be eligible for.
While both the insurance company and your employer play a role in what type of medical treatment you will receive, know that a seasoned attorney can assist you in fighting their decision if you feel that it is insufficient for your health. Read on to learn more about what goes into medical treatment and workers’ compensation in Denver, as well as the ways a reliable lawyer can make a difference in your case.
Seeking Medical Treatment from a Specific Healthcare Provider
In all circumstances, unless a workers’ compensation carrier agrees to let the injured employee choose their provider, the employer has to provide a list of designated providers. Out of those providers, the injured worker will choose who to see but they have to operate within that list. If the employer fails to provide that list of designated providers, the injured worker could then choose their own doctor as well.
The employee needs to be treated by a level two accredited physician because they will have taken the curriculum which provides specific medical-legal guidelines for how to handle a workers’ compensation case. Treatment will be based on whatever the doctor determines, but everything has to be authorized or denied by the workers’ compensation carrier. Because of this, the doctors need to know the rules to follow to get the employer to authorize their recommended treatment.
How the Insurance Company Dictates Medical Treatment
As a legal concept, workers’ compensation insurance companies are not allowed to dictate medical treatment, but this occurrence is, unfortunately, more common than not. The only individuals who are supposed to dictate treatment are the treating physicians and providers, but workers’ compensation carriers have a lot of power. If a treating physician puts in a referral, it has to be authorized. The carriers are the ones that are going to either authorize or deny the treatment, so while it may seem that they are able to dictate it in this way, a claimant always has the opportunity to fight any denial.
Grounds for Insufficient Medical Treatment
Once an injured worker has been placed at maximum medical improvement or MMI, they can apply for a division-independent medical exam to act as a second opinion on their state of health to determine whether there is more treatment that can be administered. If an individual feels as if they are not receiving sufficient medical treatment at the outset of their case, they can go to a hearing to fight for treatment that has been denied with the help of an attorney. If that trial is conducted unfairly, it is also possible to appeal a workers’ compensation decision as well.
What Constitutes Maximum Medical Improvement?
MMI is a medical determination and it is defined as the point in time when a medically determinable physical or mental impairment resulting from an occupational injury becomes stable and further treatment is not reasonably expected to improve the physical or mental conditions.
Inability to Return to Work
There is nothing under the law in workers’ comp that says that carriers have to give a person something because they can no longer do their job. The employer and the carrier are not responsible for making sure someone finds a new job.
It may depend on if there is a doctor saying they cannot return to work versus the injured worker saying they cannot return to work, but aside from finding a new job, a person can apply for that second opinion, the DIM or the division-independent medical exam. Outside of the workers’ comp system, a person can apply for social security disability if they cannot return to any work, but there are not a lot of options aside from getting a second opinion about returning to work.
Reaching Out to a Professional Workers’ Compensation Lawyer
If you have questions regarding your medical treatment and workers’ compensation in Denver, consider consulting with a skilled attorney who can offer you their advice accumulated over years spent in the courtroom. A knowledgeable lawyer can gather evidence, interview key witnesses, and act as an aggressive advocate for the compensation you deserve. If you require legal assistance regarding your claim, reach out to a dedicated attorney who specializes in medical treatment and workers’ compensation in Denver today.