COMPANY DOCTOR IS SENDING ME BACK TO WORK
BEFORE I AM READY:
Injured
workers are often made to believe that their only option is to keep on
treating with a company doctor who may be in the pocket of the employer
or the insurance carrier, who may not take your injuries seriously, who
may not practice good medicine, or who simply may be a jerk. Doctors
who work for “occupational health” groups are under pressure from
employers and insurance adjusters to keep disabled workers on the job,
or to release injured workers to full or light duty even if it's too
soon and even if it could make their injuries worse. Some company
doctor’s will even delay or deny appropriate diagnostic testing, just
to stay on good terms with the employers and insurance carriers who pay
for their services.
AN INDEPENDENT MEDICAL EXAMINATION DOCTOR SAYS I
CAN RETURN TO WORK:
If you have been sent to a workers compensation independent
medical examination (which is really an insurance
medical examination)
the result can almost be predicted: the IME doctor chosen by the
insurance company is going to say you can return to work. This will be
either to full duty, without restrictions, or to light duty based on a
physical capacities assessment form, which the IME doctor will
fill out at the time of your examination. Very often, the
insurance company will then send you a Notice of Ability to
Return to Work - as the next step in an effort to terminate,
suspend or reduce your workers compensation benefits.
Clients
often complain to me that these so-called independent medical
examinations are bogus or medically improper, or state things like "the
IME doctor didn't examine me - he didn't even touch me." More
typically, the examination itself is extremely short and performed
almost as an afterthought. The reports are predictable: the IME
doctor provides the insurance company with an affidavit of recovery, a
physical capacity assessment or other release to return the employee to
work. If you are that employee, you can bet the insurance company will
try to use this to cut off your benefits, even if no return to work is
offered and even if it would be impossible for you to find work within
your physical capabilities in the real world.
HOW TO FIGHT THE COMPANY DOCTOR OR IME PHYSICIAN:
The
insurer, the employer, the IME experts and even the lowliest company
doctors are generally all very well-versed in the ways of the workers'
compensation system. Any or all of them may seek to benefit their own
positions at your expense. All of them have a stake in minimizing your
injury. For this reason, it is important for you to really know
your rights. If your employer's workers compensation doctor is forcing
you back to work before you have recovered, don't risk worsening your
injury when you have other moe appropriate options. Call the Law
Offices of Timothy Kennedy There are ways to fight back! Your work injury gives you rights!
Many of these rights will depend upon your particular situation
and how best your clever, insightful and experienced workers’
compensation attorney advises you and guides you through the perils of
the system. Other rights, however, apply generally to all
employees covered under the Pennsylvania Workers’ Compensation Act, and
you should be aware of these important Pennsylvania
Workers Compensation rights.
Now we have reached the point where you simply must call me.
Seriously. Stop reading and call 610 924 5667 or 215 559 5003.
(c)2013 Tim Kennedy