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        Work Injury

        Should I Allow My Employer to Speak to My Doctor If I’m Not There?

        150 150 Mitchell Horwitz

        What occurs is that they will try to speak to the doctor when your not there, they will try to get the doctor to agree to things that is not in your best interest. And so, things will happen outside your presence and it could drive a wedge between you and your doctor.

        They really should, as a general rule, not speak to your doctor. However, there are situations where we allow a nurse on the case, and the nurse will show up at a medical appointment and they can ask questions of the doctor in your presence.

        As a general rule, 100% of the time: if we do allow the employer or a representative of the employer to speak to your doctor, then you must be present – in person or on the phone.

        Should I Sign Medical Release the Work Comp Insurance Company Gave Me?

        150 150 Mitchell Horwitz

        It is our recommendation that you should not sign any papers that an insurance company gives you without consulting an attorney.

        After you are hurt at work, the insurance company will supply you with a release so that they can speak to any doctor you’ve ever seen – from birth until now – any hospital, they can get any records, talk to any physician, and there is no reason to provide them with a general release that allows them to speak to doctors that did not treat you for the injury.

        In fact, there’s no reason to allow them to speak to any doctor, period. They have no right to speak to a doctor.

        What the employer does have a right to is to see your medical records following the injury, and what we allow – what we provide to employers – are medical records, are releases, so they can see the medical records for the injury suffered by the injured worker. That is what they are entitled to see, so that is what we supply them.

        What you will receive from an insurance company is a release to allow them to speak to your doctor, which is not allowed in our view. You should not permit.

        How Much Time Do I Have to Report My Work Injury?

        150 150 Mitchell Horwitz

        The law in Illinois is a 45 day reporting period. You have to report within 45 days.

        However, many employers – if you don’t report it that day or by the next day – they often will challenge whether or not it occurred at work.

        In many cases, even if you report it on the day of injury, they will challenge it.

        So, the reporting is important because of the position employers take. They’ll treat somebody, in my view, like a criminal if they’re hurt at work. Like they’re stealing from the company, when in fact, all they did was suffer an injury because they’re doing heavy or dangerous work.


        Why Does My Employer Need to Investigate My Work Injury?

        150 150 Mitchell Horwitz

        If you are hurt on the job, your employer may owe you a substantial amount of money. That being disability benefits and your medical bills – 100%. So, they have a right to investigate the injury.

        Does My Injury Report Have to be in Writing?

        150 150 Mitchell Horwitz

        It does not have to be in writing.

        The purpose of reporting an injury is so that your employer can look into it.

        Should I Report My Injury at Work to My Employer?

        150 150 Mitchell Horwitz

        Yes, you should report it.

        You should report it to your boss, your foreman, your superintendent, general superintendent, or somebody in management human resources.

        You should report it.