Copyright © 2020 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
After a workers compensation claim, if an individual feels their medical treatment has been insufficient they should quickly seek a second opinion. A personal injury attorney could help someone find which doctors are independent and willing to tell the truth for the specific type of injury that the worker has. Therefore, a compassionate workers’ compensation lawyer can help you begin seeking appropriate medical treatment in Toledo workers compensation cases and compiling the evidence associated with your injuries.
Injuries such as concussions, neck and back injuries, broken bones, and psychological injuries that have a contemporaneous physical injury. Under Ohio’s workers’ compensation system, a person has what is called a position of record. This is another name for a workers’ compensation approved doctor that the individual receives treatment from.
At any time, a person can change their position of record as long as the new doctor is certified as a workers’ compensation doctor. A person typically has the right under the patient Bill of Rights to pick their own doctor so they do not only have the option of seeing the doctor assigned to them by their employer.
The insurance company or the managed care organization for the employer will suggest a specific doctor. The employee has the option of going to that doctor, but he or she also has the option of picking their own doctor as long as they are certified by the Bureau of Workers’ Compensation.
Often, the employer and the representative of the managed care organization do not explain to the individual that they can pick their own doctor. This is another reason an individual should seek out an independent workers’ compensation attorney that is looking out for their rights.
It is common that a company doctor will try to get the employee back to work as soon as possible. They get a large portion of their business through referrals from the employer and therefore they have a mixed loyalty between the employer and employee.
A medical only claim is a claim where the employee does not have to miss any work as a result of the injury. In this situation there would be no Temporary Total Disability which covers the lost wages that are paid out in the claim. The individual can be compensated for seeking appropriate medical treatment in Toledo workers compensation cases, they just will not receive any benefits for lost wages.
Maximum medical improvement is when the doctor determines that the injured person has reached a plateau and will not improve any further. There is a possibility that the individual should consider seeking appropriate medical treatment in Toledo workers compensation cases in addition to their initial assessment.
For those who have reached maximum medical improvement but are still unable to work, one option is to try to add additional conditions to the claim. If injuries to additional body parts can be added to the claim that the individual can continue to get Temporary Total Disability for treatment for those additional conditions until they reach maximum medical improvement.
A second option is that six months after they have reached maximum medical improvement, an attorney can file for a Permanent Partial Disability. A third option, after filing for Permanent Partial Disability, is that the individual can file for Permanent Total Disability so long as it can be proven that the individual is no longer capable of obtaining any gainful employment.
Charles E. Boyk Law Offices, LLC