Understanding Workers’ Comp Right to Medical Treatment in Minnesota

After a work injury, most people have questions about medical treatment. What doctor or clinic should I go to? Can I choose my own doctor? What is a qualified rehabilitation counselor (QRC)? It is important to remember that you are in control of your own medical treatment at all times. For reliable advice regarding your rights to medical treatment after a work injury, talk to a knowledgeable Minnesota workers’ compensation attorney.

At Atkinson Gerber, we are deeply familiar with the rights of injured workers, and we will make sure that your rights are intact throughout the life of your workers’ compensation claim.

Contact us today by calling 651-333-3636 for a free consultation.

Your Right to Choose a Doctor

Injured workers in Minnesota have the right to choose their own treating physician within 60 days of the injury, without needing permission from their employer. This means they can pick a doctor they trust. The treating doctor is instrumental in diagnosing and managing the injury, directly influencing the worker’s recovery and benefits. There are some exceptions to this rule. Call us.

Accepting a doctor suggested by the employer can have long-lasting consequences. This is one of the biggest decisions on your case. Often, the employer’s recommended physician may not be entirely independent or neutral, potentially leading to biased evaluations. It’s best to decline such recommendations to ensure a fair and unbiased medical evaluation, focusing only on the worker’s health.

If the employer is part of a certified managed care plan, the worker might need to pick a doctor from that network. Making an informed decision about your medical providers is essential. A neutral doctor can examine the injury fairly, considering how work activities may have caused or worsened it. This ensures that the worker receives appropriate and fair medical care.

Adverse/Independent Medical Examination (IME)

An Independent Medical Examination (IME) involves an evaluation conducted by a doctor selected by the employer or their insurance company to assess the nature, cause, and extent of the worker’s injuries. We call them adverse because most of the time, the opinions of the insurance company doctor will be adverse to those of your own doctor. The primary purpose of an IME is to provide an expert opinion that can impact the continuation of workers’ compensation benefits. You are entitled to a witness and should not attend this exam alone.

For example, imagine a worker named John who injured his back while lifting heavy boxes at work. His employer’s insurance company schedules an IME to evaluate the extent of his injury. The IME doctor examines John and provides a report stating that John’s injury is not as severe as initially thought. Based on this report, the insurance company may decide to reduce or discontinue John’s workers’ compensation benefits.

The employer or their insurance company is responsible for scheduling and paying for the IME. It is important to note that during an IME, no doctor-patient relationship is established, and the information discussed is not confidential. The IME doctor does not prescribe or recommend treatment but focuses solely on evaluating the injury.

While you generally cannot decline an Independent Medical Examination (IME) requested by your employer or their insurance company, you do have the right to request a different doctor if you believe the selected physician is biased or not qualified. It’s important to communicate your concerns immediately and seek advice from a workers’ compensation attorney to ensure your rights are protected and that you receive a fair and impartial evaluation.

The findings from an IME can significantly influence the worker’s compensation benefits, potentially leading to discontinued benefits or denied payments for medical bills. Understanding the role and impact of an IME is crucial for injured workers to manage their claims effectively and get the benefits and care they deserve. If your claim has already been denied, learn what steps you can take next to challenge the decision and protect your rights.

[Related: Do I Need To Attend An Independent Medical Examination?]

What Medical Treatments Are Covered?

Minnesota workers’ compensation covers a wide range of medical treatments to ensure comprehensive care for injured workers. These treatments include:

• Hospitalization
• Surgery
• Physical therapy
• Occupational therapy

These treatments are often necessary to obtain proper treatment for work injury-related severe injuries and help workers regain their strength and functionality.

In addition to these conventional medical treatments, workers’ compensation coverage also includes:

• Chiropractic services
• Injection therapy, which can be vital for managing pain and enhancing recovery
• Chronic pain management
• Psychological treatment

These services ensure that workers receive holistic care that addresses both physical and mental health needs.

Injured workers need to realize that the objective of workers’ compensation is to provide medical treatment that aids recovery and facilitates their return to work. As an injured worker, it’s important to know that covering many types of treatments helps ensure you get the care you need to manage your injuries and improve your quality of life.

[Related: Does Workers’ Comp Cover Multiple Back Surgeries?]

Limits and Parameters of Medical Treatment

Minnesota treatment parameters set guidelines for what is considered reasonable medical treatment under workers’ compensation. These guidelines help healthcare providers and insurers communicate better. They apply to all injury dates and healthcare providers, identifying services that are too much, not needed, or not appropriate based on accepted medical standards.

The treatment parameters focus on common work-related injuries, including:

• Low back pain
• Neck pain
• Thoracic back pain
• Upper extremity disorders
• Reflex sympathetic dystrophy

They do not impact determinations of liability or apply to denied treatments. Instead, they provide a framework for ensuring that the medical care provided is both reasonable and necessary, without allowing any factors to block reasonable treatment.

Deviations from these parameters are allowed in certain situations, such as:

• Documented medical complications
• Additional treatment is needed for returning to work
• Continuing improvements
• Incapacitating exacerbations

These exceptions ensure that workers receive the care they need even when their treatment does not strictly adhere to the guidelines.

Both healthcare providers and injured workers need to adhere to the Minnesota treatment parameters. Understanding these guidelines helps ensure that the medical treatment received is appropriate and that any deviations are well-documented and justified.

Handling Denied Medical Treatment

Your health insurance company must comply with all necessary orders and requests by your doctor or specialist. This includes MRI tests, CAT scans, surgery, and rehabilitation. If your insurance company has denied any medical test or treatment ordered by your physician, contact our work injury lawyers at Atkinson Gerber immediately.

When facing a denial of treatment, avoid acting impulsively. Instead, gather all relevant documentation, including medical records and correspondence with the insurance company. This information will be invaluable in building a strong case for appeal.Then call us.

Our seasoned Minnesota lawyers for injured workers’ rights can pinpoint the reasons for the denial and formulate a strategy to counter them. By working with a knowledgeable attorney, injured workers can increase their chances of obtaining the proper treatment and medical benefits they are entitled to under Minnesota law.

Understanding Medical Mileage Reimbursement

Injured workers are entitled to reimbursement for travel expenses related to medical appointments under workers’ compensation. This includes mileage for trips to doctors’ offices, physical therapy sessions, and pharmacies. Parking fees incurred during these trips can also be reimbursed.

In some cases, if the travel for medical treatment requires spending four or more hours on the road, workers can receive reimbursement for meals and lodging expenses. To claim reimbursement, workers must document their expenses by logging trip details, mileage, and keeping receipts.

Workers must submit reimbursement requests within one year from the treatment date, and upon receipt of the documented expenses, workers’ compensation insurers have a 15-day window to provide reimbursement.

Role of Workers’ Compensation Attorneys

Workers’ compensation lawyers play a significant role in safeguarding the rights of injured workers and ensuring they secure the benefits and compensation they deserve under the law. Relying on a workers’ compensation insurer for legal advice is not advisable, as their primary goal is to minimize benefit payouts. An experienced attorney can level the playing field and advocate for the worker’s best interests.

Attorneys are prepared to resolve disputes regarding:

• Entitlement to medical care
• Wage loss benefits
• Rehabilitation benefits
• Permanency benefits

They can help avoid costly mistakes and ensure that workers obtain all the benefits they deserve under Minnesota workers’ compensation law. By understanding the new laws and how they apply to specific situations, attorneys can develop effective litigation strategies to protect their clients’ rights.

Why Choose Atkinson Gerber?

At Atkinson Gerber, we distinguish ourselves through our unwavering commitment to our clients and our comprehensive approach to workers’ compensation law. Here are a few reasons why we stand out from the rest:

• Client-Centered Approach: We prioritize your needs and concerns, ensuring that you receive personalized attention and tailored legal strategies. We believe in building strong relationships with our clients, which helps us understand and advocate for your unique situation effectively.
• Proven Track Record: With over 50 years of combined experience, our Minnesota workers comp attorneys have successfully handled thousands of workers’ compensation cases. Our extensive knowledge and experience enable us to navigate even the most complex cases with confidence and precision.
• Empowering Advocacy: We believe in fairness and giving workers the knowledge they need to handle their legal issues. Our team is dedicated to making sure the scales of justice are balanced, helping you get the benefits and compensation you deserve. We are with you every step of the way, focused on achieving fair outcomes.
• Transparent Communication: We keep you informed every step of the way, providing clear and honest communication about your case. We believe that transparency is key to building trust and ensuring that you are always aware of your options and the progress of your claim.
• Holistic Support: Beyond legal representation, we offer comprehensive support to help you through the recovery process. From connecting you with medical professionals to assisting with paperwork and documentation, we are here to support you in every aspect of your workers’ compensation claim.

Choosing Atkinson Gerber means choosing a dedicated team that genuinely cares about your well-being and is committed to achieving the best possible result for your case. Let us be your advocates and guide you through the complexities of the workers’ compensation system with confidence and compassion.

Contact Atkinson Gerber for Workers’ Comp Right to Medical Treatment in Minnesota

Our firm offers a proactive approach to legal services, ensuring the best possible outcome for your claim. We offer:

• Free consultations
• 24/7 availability through our after-hours answering service
• Home, hospital, and off-site consultations by appointment for clients unable to visit our offices in St. Paul and Minneapolis.

At Atkinson Gerber, we take pride in advocating for injured workers’ rights and ensuring they receive the benefits and compensation they are entitled to under Minnesota law.

Contact Atkinson Gerber Law Office at 651-333-3636 to schedule your free consultation and take the first step towards securing the medical care and benefits you deserve.

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