Step 5: Finding a doctor

I probably should have discussed this earlier, but one of the first problems you are going to run into with a workers compensation injury is that no one wants to treat you. I'm exaggerating to make a point, but seriously, you will find that few doctors are willing to even see you. Why? Well, one reason is that the doctors generally do not want to deal with all of the hassles involved. First, the doctor will be sent extensive paperwork that they do not have time to fill out. Workers compensation knows this, which is exactly why they send the paperwork. Remember, if they don't get the paperwork back by their deadline, then bye-bye benefits. A second reason that doctors do not want to take these cases is because they may be called to a deposition or asked to testify. Doctors generally do not want to deal with this. After all, what doctor do you know that likes being questioned -- let alone by a lawyer. Not many. Another reason why doctors tend not to take workers compensation cases is because they also don't want to deal with the subgroup of patients who are feigning or exaggerating symptoms in order to receive workers compensation payments.

So what is one to do? The first thing you need to do is call the doctors you are interested in seeing and ask if they take workers compensation insurance. If they do, then ask if they will fill out any needed paperwork. Some doctors will only see workers compensation patients under the condition they don't fill out the paperwork. It may very well be that you will need to travel a few hours to find a specialist willing to take workers compensation.

Some people have regular medical insurance in addition to workers compensation insurance. If this is the case, and workers compensation is refusing to pay for treatment, I suggest using your other insurance just so you can get the treatment needed. Then ask you lawyer about billing workers compensation for whatever amount the regular insurance will not pay.

Let's take the worst case scenario: you only have workers compensation insurance and they refuse to pay for all treatments. There are only a few options here: 1) don't get the treatment, which is obviously a problem, 2) apply for Medicare or Medicaid, 3) sign a self-pay form at the doctor's office. Number 3 is pretty risky and will require assuming a large amount of debt, but I have seen some lawyers suggest this because they argue that they will eventually make workers compensation pay for the services. Personally, I would go with option #2, but if you are not eligible you are basically stuck with two tough choices: options 1 or 3. Sad, I know, but this is why the workers compensation system in this country is in need of reform. Click here for the next post