Getting Further Medical Treatment

How a Workers’ Compensation Attorney may be able to help you
Unlike many other types of injury claims, the employer’s insurance carrier has the right to direct your medical care in a North Carolina Workers’ Compensation case. This means that the insurance company can send you to the doctor and/or facility of their choice for medical treatment.

Changing Your Treating Physician
It is not uncommon that an injured worker may want to seek treatment with another physician or at another treatment facility at some point during the Workers’ Compensation case. Although the insurance company has the right to direct your medical care, this right is not without limitation and can be altered if approved by the Industrial Commission. An experienced Worker’s Compensation attorney can assist you in investigating possible changes in your medical treatment.

Compelling Approval of Medical Treatment
Sometimes a physician will recommend a particular type of treatment (i.e. surgery, injections and/or physical therapy), but the Workers Compensation insurance company does not approve the recommended treatment in a timely fashion or at all. It is possible to file a Motion to Compel Medical Treatment asking that the North Carolina Industrial Commission compel the insurance company to approve the recommended medical treatment. An experienced Workers’ Compensation can help you navigate the process.

Settlement and Future Medical Treatment
When discussing settlement of your Workers’ Compensation claim, it is important to consider future medical treatment as part of the equation. There are different ways to resolve your Workers’ Compensation claim and the type of settlement can have a very big effect on your ability to obtain additional medical treatment once settlement is final. Insurance adjusters may use terms like “compromise settlement agreement” or “clincher” when talking about settling your case and it is important that you understand what settlement will mean to your case and to your ability to obtain future medical treatment for your injury. If your adjuster wants to settle your claim, you should consider talking with an experienced Workers’ Compensation attorney about whether the settlement is fair to you.

Permanent Medical Treatment May be Available
Even if an injured workers has returned to work, it is possible for that worker to receive ongoing medical treatment permanently if appropriate medical evidence is shown. In some situations, such as when prosthetic limbs are required after a serious injury, an injured worker may require periodic medical evaluations for the rest of their lives. In other situations, a physician may recommend treatment that is not needed at the present, but will be needed in the future, such as a doctor’s recommendation for a future total knee replacement.

Although these kinds of medical treatment may be necessary, the right to this treatment is not automatic. The injured worker must follow certain procedures as required by the North Carolina Industrial Commission to insure receipt of the recommended treatment in the future. If you are concerned about necessary future medical treatment, the attorneys at the Law Offices of James Scott Farrin are available to talk to you about your situation.