If you are injured at work in Iowa, your employer’s workers’ compensation insurance company gets to choose your medical provider.
Of course, if you have to go to the emergency department for time critical medical care nobody gets to choose – you take what you can get.
But once you settle in for ongoing care, your employer chooses your doctor. This medical provider is making important decisions that profoundly affect your life and recovery by determining:
- Your diagnosis and treatment
- References to any needed specialists
- Work restrictions
- Any permanent disability
Because the medical provider is paid for by your employer, they likely have a relationship that probably predates your involvement, and a future to consider. This might make you wonder where you fit in. But remember, your treating physician, whether chosen by you or your employer, is still bound by an oath to abide by ethical standards and to treat your injuries to the best of their abilities. Thus, it is a good idea to go into your workers’ compensation medical treatment with the attitude that both you and the doctor are invested in your recovery.
Here are a few strategies for your workers’ compensation medical appointments:
- Concentrate on your work injury. Don’t bring up other concerns unless they are relevant to your treatment. For example, don’t talk about your desire for a settlement, or your dislike for your job. Don’t talk about your activities outside of work, such as yard work or sports, unless asked. Understand that everything you say to your doctor will also be heard by the insurance company.
- Be thorough in describing your work injuries. Your main problem might be in your shoulder, but you might also be feeling some twinges in your back. It is a good idea to go from head to toe to note any pains or symptoms you believe are a result of your work injury.
- Be honest. Your past injuries and pre-existing conditions will be discovered through prior records, so answer questions accurately. Often old injuries are exacerbated by new ones. That is to be expected and won’t necessarily be held against you.
- Don’t exaggerate your symptoms.
- Don’t miss any appointments or disregard treatment instructions.
- Ask for records of your appointments– not just the “for the patient” notes, but the medical records that will document your treatment.
However, if you still have sincere concerns about your workers’ compensation medical provider, the first step is to ask your employer’s workers compensation insurer for a different provider. While they are not compelled to honor your request, they may have other providers available.
While initial care may be conservative, referrals to specialists are common with serious injuries that don’t resolve quickly. It is in everyone’s best interest for you to recover fully.
If you do request alternate care from the carrier, and your request is denied, you can file an Application for Alternate Care with the Iowa Division of Workers’ Compensation to request a hearing for alternative care.
If you don’t already have a workers’ compensation attorney fighting for you, this would be a good time to hire some assistance. The burden of proof is on the claimant (the employee) to prove that the medical care provided by the employer is unreasonable:
“An application for alternate medical care is not automatically sustained because claimant is dissatisfied with the care he has been receiving. Mere dissatisfaction with the medical care is not ample grounds for granting an application for alternate medical care. Rather, the claimant must show that the care was not offered promptly, was not reasonable suited to treat the injury, or that the care was unduly inconvenient for the claimant.” Long v. Roberts Dairy Co., 528 N.W.2d 122 (Iowa 1995).
The form and rules for the request for a hearing are specific, and at the hearing you must have evidence that your care is not appropriate. This may involve hiring a provider to testify on your behalf. An attorney can help you to consider the benefits of requesting a hearing and alternatives.
If you have any questions about your Iowa workers’ compensation claim, call Putnam Law today.
