When you suffer a work injury in Kansas or Missouri, your employer is required to provide reasonable and necessary medical treatment under workers’ compensation law. However, that obligation only applies if the industrial accident or work activities are the prevailing factor or main cause of your injury.
Understanding how medical treatment decisions are made can protect your rights and strengthen your workers’ compensation claim.
At Haight Stang, LLC, our Kansas City workers’ compensation attorneys regularly help injured workers secure the medical care and benefits they deserve under Kansas and Missouri law.
What Kansas City Workers’ Compensation Doctors Look For
I recently participated in a webinar put on by one of the largest orthopedic groups in Kansas City. There were two big topics of discussion:
- What these doctors look for when deciding whether an on-the-job injury should be covered under workers’ compensation
- How do they decide what treatment is needed and for how long
Believe it or not, you, as the injured worker and patient, can have a big influence over those decisions.
Before you see the specialist, the doctor will review your past medical records, both relating to the work injuries as well as any previous treatment you may have had. They do this for three reasons.
1. Prior Similar Complaints or Treatment
They want to see if you had a prior history of similar complaints and treatment. If so, your work accident may have only aggravated a preexisting condition, which insurance companies sometimes argue would not be fully covered.
2. Consistency of Symptoms
They look at what symptoms were documented immediately after the accident. If there is a big difference between the initial reports and what the specialist is being told weeks later, this is often seen as a red flag in a Kansas or Missouri workers’ compensation claim.
3. Missed Appointments
Finally, they check to see whether the patient has been attending all scheduled doctor appointments and physical therapy treatments, or if a lot of them have been skipped. Gaps in treatment can be used to question the seriousness of your injury.
What This Means for Your Workers’ Compensation Claim
What does all of this mean for you?
You have to be specific and thorough when you first report your symptoms — and each time after that. It is very common for injured workers to develop worse pain and new symptoms during the first few days after a work accident. Make sure to let your employer know about them and definitely include them when you are sent for your first evaluation.
Reporting a work accident and any injuries to your boss can be intimidating, but you have to protect yourself and your future.
Finally, try not to miss any appointments to see the doctor or for physical therapy. The doctor (and the Judge) will want to know that you are a sincere patient who just wants the medical treatment needed to get your life back on track. Consistent medical treatment strengthens your credibility and your workers’ compensation case.
When Workers’ Compensation Medical Treatment Is Delayed or Denied
Of course, there are times when you do all of this correctly, and their “hired-gun” doctors still ignore your symptoms or try to blame it on something else. This is especially common in denied treatment cases or when insurance companies attempt to cut off benefits early.
That’s what we’re here for.
Haight Stang, LLC can arrange for a second opinion and pursue any recommendations our doctors may provide. Our Kansas City workers’ compensation attorneys help with:
- Denied or delayed medical treatment
- Weekly disability benefits while you’re unable to work
- Disputes over whether your injury is work-related
- Securing the maximum recovery available under Kansas and Missouri law
By using this information, however, you just may be able to keep your medical treatment moving forward without unwanted doubts and delays.
Frequently Asked Questions About Workers’ Compensation Medical Treatment
Can I choose my own doctor for a work injury?
In most Kansas and Missouri workers’ compensation cases, your employer selects the authorized treating physician. However, you may be entitled to a second opinion in certain situations, especially if treatment is denied. In Kansas, we can even make the insurance company pay for the evaluation.
What happens if my workers’ compensation treatment is denied?
If medical care is denied, you can challenge the decision through the workers’ compensation court system. An experienced Kansas City workers’ compensation attorney can request a hearing before a Judge and present supporting medical evidence.
Will a preexisting condition prevent me from receiving benefits?
Not necessarily. If your work accident is the prevailing factor that caused a new injury or significantly aggravated a prior condition, you may still qualify for benefits under Kansas or Missouri workers’ compensation law.
Protecting Your Workers’ Compensation Rights
Workers’ compensation claims are more fragile than most people realize, and insurance companies are skilled at finding reasons to deny or minimize benefits. At Haight Stang, LLC, our Kansas City workers’ compensation attorneys understand how medical treatment decisions impact the value of your claim — because we’ve seen these cases from every angle.
If you’ve been injured at work in Kansas or Missouri, don’t risk delays, denied treatment, or lost benefits.
Contact Haight Stang, LLC today to schedule a free consultation and learn how we can protect your medical care and fight for the maximum benefits you deserve.
Call (913) 815-1347 or contact us online to get started.