It should be simple, right, seeing your family doctor as legally required in the aftermath of a work-related injury to weigh in with evidence supporting your workers’ compensation claim?
For many persons following through with a medical exam in the wake of a workplace injury it is, in fact, a simple process. That is, their injury is indeed noted as being work-related and debilitating, with an experienced doctor confirming the fact and timely doing what he or she needs to accomplish to move a worker’s bona-fide comp claim toward completion, with timely payments ultimately being disbursed.
For others, though, it is anything but a cut-and-dried proposition. Rather, it can make for a frustrating and unfair experience, resulting in claim denial and an injured worker’s need to appeal an adverse ruling by the New York Workers’ Compensation Board.
Candidly, some workers are disserved in the duties thrust upon them in the wake of a work injury or accident. And that can be especially true when a self-insured employer or workers’ comp insurer has a contract with a diagnostic testing network.
In such a case, as we duly note in a relevant article on our workers’ compensation website at the law firm of Silverman, Silverman & Seligman in Schenectady, a worker might be forced to consult only with a physician from within that network.
That doctor might reasonably lack the same level of knowledge that your doctor has concerning you. And he or she could in fact be biased through the close contractual link with an entity that would actually prefer to withhold money rather than pay it out in an injury claim.
There are sometimes exceptions to the requirement to see an in-network doctor only, but they might not be readily perceivable to an injured worker. There is much to think about during a period of compromised health, and it can be easy for an injured individual to become overwhelmed by the workers’ comp process.
A proven personal injury attorney who routinely represents injured individuals in workers’ comp cases can help with that. As the above-cited article states, working with experienced legal counsel can help an injured worker focus primarily on recovery rather than bureaucratic requirements.