The COVID-19 global pandemic has uprooted many facets of daily life. Injured workers, however, who have been receiving medical treatment prior to the pandemic are now faced with difficult questions that don't seem to have an easy answer.
Should you continue your worker’s comp treatment right now, or should you wait until the coast is clear? We will discuss a few things to consider, however it is important to understand that this decision should be discussed with your doctor.
Worker’s Comp Laws
Worker’s compensation is a state-run program that helps injured workers seek medical treatment and gain other benefits. However, there are some criteria you must meet to be eligible for these benefits, the most important being that your injury or illness must be work-related.
If your worker’s comp case was approved, then you are likely seeing a doctor chosen by your employer or the insurance company, per state laws. In some cases, the employer may agree to allow the injured worker to see their own doctor, but reality proves these instances are rare.
But here is an issue with workers comp: you have the responsibility to follow the worker’s comp treatment plan to the letter. This means that if you do not take your medicine, go to the doctor’s appointment, or take part in activities your doctor forbids, you may lose your benefits. The insurance company can argue there is no point in paying for a treatment you will not follow anyways.
What Does This Mean?
It likely means that if you stop your medical treatment without discussing it with your doctor first, you could lose your benefits. Even if it’s because something as serious as a global pandemic if you chose not to continue your treatment, the insurance company may refuse to pay for your other benefits.
You need to speak to your worker’s comp doctor about any worries you have at this time. It is possible for them to decide to, say, delay certain parts of your treatment such as physical therapy to avoid putting you at risk for a potential virus infection.
If your doctor is the one that decides it’s best for you to stop your treatment during the pandemic, then your benefits are generally safe. The insurance company may not like it, but they generally cannot interfere with your doctor’s decision.
What If My Doctor Says It’s Safe?
There is a possibility for your doctor to refuse to interrupt your treatment in spite of the pandemic. You may be able to reason with them and reach a compromise, but the best thing you can do in this case is discuss this with your workers compensation attorney.
This is an unprecedented time, and the truth is a lot of people don’t know how to act. If you do not already have an experienced workers compensation attorney protecting your rights, it is a good idea to get in touch with one as soon as possible. An experienced attorney can help ensure that you get the full amount of compensation you are legally entitled to and help protect your benefits.
Call the Law Office of James M. Hoffmann 24/7 at (314) 361-4300 for a FREE case evaluation