The Company is sending me to their doctor! Do I have to go?!

The short answer in Illinois is yes. Under the Illinois Workers’ Compensation Act, the Employee has the right to treat with a doctor of their choice.  However, the Employer can  have the injured worker evaluated by a doctor of their choice.  This evaluation is not for treatment and is  often called an Independent Medical Examination (IME).  However, it is important to remember, that  even though it is called an IME it is anything but independent.  This doctor was chosen by the insurance company to determine whether your injury is causally related to your employment, whether you are still in need of treatment and whether you can go  back to work.  This portion of the Act  is still part of the recently amended Workers’ Compensation Act.

An employee who fails to attend this examination can have their benefits terminated by the insurance company for failing to cooperate.  However, there are certain requirements that have to be met by the employer before the employee has to go.  First, there has to be adequate
notice before the examination.  Adequate notice is not a definite term but one that is determined by the circumstances.  If you are unable to attend for reasons that are unavoidable you must contact the insurance company, or whoever scheduled the examination, immediately.

Secondly, the Respondent has to provide PRIOR to the examination reasonable travel expenses.  In most cases this means mileage costs.
However in cases of flight attendants or other out-of-state employees, this may include flight costs, hotel expenses, and reasonable food costs.  This all must be provided before the exam is to take place or the employee does not have to attend.   The Commission recently confirmed in the
case of Wright v. Alpha School Bus that if the Employer refuses or fails to provide pre paid travel expenses then the injured worker can rightfully refuse to attend the examination.

This is part of the Workers’ Compensation system in the state of Illinois and the workers’ rights in regard to these examinations is important to know.  An experienced attorney can help you navigate this system.

Illinois Workers’ Compensation Reform is Here!

Today, September 1, 2011, the full force and effect of all the recent Statutory changes to the Illinois Workers’ Compensation Act becomes reality. For the most part, those changes that are substantive are in effect for those injuries on or after today’s date. The changes that are procedural affect even current claims. If you have a question about how the new law affects your current claim,feel free to telephone us @ 1-800-444-1525 if outside the Chicago area or 312-263-6330 within the Chicago area. If you are currently being represented, direct your calls to your attorney. In today’s Chicago Tribune, Katz, Friedman attorney Philip Bareck was quoted as follows: “We are primarily concerned that those hurt at work have full access to medical care and that they are properly compensated for their permanent injuries and loss of future earning capacity.” Way to go Phil! If you want to read the entire Tribune article, copy and paste this web address into your browser: http://www.chicagotribune.com/business/ct-biz-0901-workers-questions-20110901,0,1895990.story.

Katz, Friedman will be giving free seminars throughout the State of Illinois to advise working men and women about the changes to the Workers’ Compensation Act and how it affects injured workers. The first seminar will be held at the UAW Local 579 union hall in Tilton, Illinois on Monday, September 19th at 5:30 pm. This union hall is near Danville, Illinois. If you need directions, give us a call. The hall can hold 400 people, so make sure you get there early so you do not need to stand!