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Rights of an Injured Worker

An experienced workers compensation attorney understands how frustrating dealing with all the physical and legal aspects of a work injury can be. This can be especially true the longer the injury interferes with your ability to return to work. It is not uncommon for there to be a dispute between you and the insurance company on whether or not your injury has healed and what you are physically able to do.

What Are Your Rights?

You have spent several months recuperating from a work-related accident. It has been rough physically, mentally, and financially. You are healing but cannot imagine returning to work at this stage of your recovery. So what happens when your employer’s workers’ compensation physician disagrees and releases you back to work?

You exercise your right to seek a second medical opinion. Different states have different rules when it comes to whether or not an injured employee can pick their own doctor for medical evaluations. Some states allow the employer’s insurance carrier to determine which physician will conduct the evaluation while states allow the employee to seek an independent medical examination, treatment and documentation with regard to any work-related injury.

In most cases, the request for a second medical opinion simultaneously protects both the employee and the employer. You as the employee want nothing more than to return to your position and your employer would benefit from a second medical opinion to ensure no further damage is inflicted if you are being forced back to work too quickly.

Discuss your options with your employer. If the physician of choice has expertise in your type of injury, your employer should accept the fair and unbiased report but if the physician is not known to the employer they may seek approval via their insurance claims adjustor. This may be where your problems escalate. You need to remember that the company’s insurance provider is signing your temporary disability checks.

If your employer and the insurance provider choose to dismiss the second opinion and have declined further issuance of your temporary disability payments, it would be in your best interest to contact an experienced workers’ compensation attorney and move forward with filing a formal complaint.

Contact a Workers Compensation Attorney Today

Your injury and recovery are unique but your situation is common when it comes to employers and their insurance carriers either refusing to pay medical expenses or completely suspend temporary disability payments due to disagreements over your ability to return to work. An experienced legal team, such as the workers compensation lawyer Memphis TN locals turn to, will work vigorously to represent your interests. To discuss your circumstances, call a workers compensation attorney at phone number today.

Thanks to authors at Darrel Castle & Associates PLLC for their insight into Personal Injury Law.