Illinois Lawyer Referrals and Legal Guidance
Can My Employer or the Insurance Company Talk to My Doctor?
Findgreatlawyers.com is a free service, run by Illinois lawyers, for people that need legal advice or lawyer referrals for any Illinois legal matter including work injuries. If you have questions please call us at (312) 346-5320 or (800) 517-1614 or fill out our contact us form and we will contact you. . All inquiries are free and confidential. For information about your private relationship with your doctor when you are hurt on the job, please read on.
When you are hurt on the job in Illinois, it is customary for your employer or their insurance company to assign a "nurse case manager" or other individual to monitor your medical treatment. While they are allowed to ask for copies of medical records and can also ask for copies of bills, under Illinois workers' compensation law, they are not allowed to speak directly to your doctor or their staff about your medical treatment.
This means that the company or their representative can not schedule your appointments, can't attend your appointments, can't suggest medical treatment to your doctor or directly ask about your work restrictions and the type of work you are capable of performing. This law exists in Illinois for two reasons. First, to ensure doctor/patient confidentiality. Second, the Illinois legislature doesn't want insurance companies to exert undue influence over the medical care of a worker. In other words, no doctor should feel pressured to return a patient to work before they are ready. Doctors also shouldn't feel any pressure when it comes to prescribing treatment that is medically necessary.
While we don't think anyone should sit at home when they can work, we have seen some individuals with Illinois workers' compensation claims forced back to work within a day of surgery when workers in similar situations were given weeks off to recover and focus on their health.
Ironically, many workers who are forced back to work in order to save the employer money end up costing the employer more in the long run because they get re-injured from working before they should. In the end that helps no one.
You may be wondering how this happens if it is a violation of Illinois law? The answer is that when an injured worker does not have knowledge of Illinois workers' compensation law or a workers compensation attorney to protect them, they often will get taken advantage of. While hiring a lawyer doesn't mean a lawsuit or picking a fight, it does level the playing field to prevent violations of Illinois workers comp law. All any worker should want is their rights to be protected and to get better.
If you have general questions about an Illinois work injury or would like an attorney referral, please call us at (312) 346-5320 or (800) 517-1614 or fill out our contact us form and we will contact you.