It might seem difficult to believe, but one of the problems we often encounter in workers' compensation claims is when a client's treating doctor (the one he/she chose) actually hurts his case and even prevents him from getting medical care. How can that be?
- He refuses to do a deposition. Without your expert's testimony it's next to impossible to successfully pursue your claim. So, without his cooperation we cannot get you medical care even if your doctor believes it’s necessary!
- He refuses to understand the “standard of causation.” The standard is simple: could or might the work related accident have caused or aggravated the condition/injury for which you need treatment. The law doesn’t require absolute proof…just could or might it be a cause. If the doctor refuses to accept that this is the law, then he could provide damaging testimony because he thinks the standard should be different. This doctor isn’t helping you.
- He refuses to understand that your wc claim and his treatment of you are inseparable. Some doctors act as though they aren’t interested in getting involved and that the “lawyers can figure that out.” This lack of cooperation means that there are ridiculously long delays in getting the treatment you need. The doctors must understand that the claim is the mechanism for getting the treatment paid for.
- They are so busy they don’t schedule depositions for months (sometimes a year) from the date of request. If they take that long to testify then one of two things must happen. Either you switch doctors by referral to another doctor or you wait a year just to get the depo. If you don’t like the delay, don’t blame the lawyers; talk to your doctor.