Employee Responsibilities While Receiving Medical Care

by | Oct 29, 2019 | Lawyers

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When you become injured on the job, it can be hard to think about anything other than the injury and what you need to do to recover. However, it is very important to follow the proper steps in order to receive the workers’ compensation benefits you are entitled to. It is the employee’s responsibility to keep track of what is going on with his or her claim. IF they have not hired an attorney, the employee must appear at hearings and present the evidence that proves their eligibility under the law. The process of filing for Workers’ Compensation in Chicago can be complicated, even if your employer does not dispute your claim.

Commissioners and arbitrators are to remain neutral and are bound by the Code of Judicial Conduct. They are not allowed to advocate for the employer or the employee. In all cases that appear before the Commission, the employee is responsible for proving that he or she is eligible for benefits. It is not the employer’s responsibility to disprove the claim—by law the burden of proof rests with the employee.

Medical Care

The employer is required to pay for all medical care including first aid, emergency response care, hospital care, doctor visits, surgery, pharmaceuticals, physical therapy, chiropractic treatment, and all prescribed medical appliances, as long as all these things are reasonably necessary to improve or cure the effects of the injury.

When the employer agrees to the claim, the medical provider will be paid directly. The employee is not required to pay deductibles or co-payments unless the service is covered under a group health plan. If the employer disputes the claim, medical providers are prohibited from trying to collect payment from the employee once the provider has been notified that the employee has filed a claim with the Commission to resolve the dispute.

The provider may send reminders and ask for information regarding the case such as the case number and status. If the employee fails to provide the requested information within 90 days, the provider may resume attempts to collect payment.

Choosing Medical Providers

In general, an employee may choose the provider when it comes to seeking treatment. However, there are usually some limitations on both the number of providers that can be seen by the employee and/or on the particular providers from which the employee may choose. Choosing carefully will ensure the employee does not become personally responsible for the medical bills.

The employer must notify the employee if they have established a Preferred Provider Program, which will limit the employee to a group of selected providers.

Consult with a Dedicated Chicago Workers’ Comp Attorney

To help ensure your best chance of achieving a positive outcome, reach out to a knowledgeable Chicago Workers’ Comp attorney from Shea Law Group today.

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