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Receiving Medical Care in a Workers Compensation Claim | Missouri

Mark Cantor | 935 Views | 02/25/2015

Hi, I’m Mark Cantor. I want to talk to you for a moment about medical care in workers compensation claims. Each state has it’s own set of laws when you’re injured on the job. I’m going to specifically speak to you about Missouri workers compensation.

In Missouri, when you’re injured the employer has the right to authorize your medical care. That means they say, “Oh we’re going to pay you to go to this doctor.” If you choose to go to a doctor that is different than the doctor they authorized you can, but you got to pay for it. So that’s very unfair.

A lot of my clients come to me and they say, “We don’t like the doctor that’s been authorized by the workers compensation carrier.” There’s no good answer to that. The law is written against the injured worker. So if you want to pay to play you can go on your own. Otherwise, it’s my advise that you go to the company doctor. Tell them all the complaints that you have. Make sure you relay your pain complaints and your injury to the work. These company doctors are paid to try to defeat your case in many occasions, and they’re good at it.

A lot of times for instance, a shoulder case or a neck case. They’ll say your problem is preexisting or degenerative, and it’s your job and my job as your lawyer to prove in Missouri that work is the prevailing cause of your injury and need for medical care. Now what happens when there’s a dispute? And I get this an awful lot. They send me to the company doctor, and I had three injections, and I had ten physical therapy visits. Then the company doctor released me and I’m still in pain, and I have pain down my leg. I get that all the time, everyday. What did I do?

Well at Cantor & Burger we will file your claim and we will make a demand for medical care. And that puts the employer in a little bit of a trick bag. They can either say, “Okay, we’re going to give you more medical care.” Or they can say that, “We’re not going to provide you any additional medical care.” At that point it is our argument that the employer uses the right to control your medical care. We send them another letter. We say, “Please reconsider you position. My client requires additional pain management or medical care, with an orthopedic surgeon.” Usually the insurance companies will stand on their denial. At that point I may say to you, “Go and get treatment on your own.”

You may ask, “Will my private health insurance pay?” Most of the time the private insurance is also going to try and get out of paying. They’re going to say it’s a work injury. We have ways around that. But the point is that you have an obligation to demand additional care and if the employer refuses to provide that additional care, then you get care on your own, and your attorney files a hardship. I’ve spoken many times about that. But it’s a difficult set of facts in Missouri when you’re still requiring care and the employer fails to provide it. So call me if I could help. I know that this may not answer all your questions, but I’m a available to speak with you. My office number is (314) 542-9999. I’m Mark Cantor. Thanks for watching.

By: Mark Cantor

Receiving Medical Care in a Workers Compensation Claim | Missouri

Hi, I’m Mark Cantor. I want to talk to you for a moment about medical care in workers compensation claims. Each state has it’s own set of laws when you’re injured on the job. I’m going to specifically speak to you about Missouri workers compensation.

In Missouri, when you’re injured the employer has the right to authorize your medical care. That means they say, “Oh we’re going to pay you to go to this doctor.” If you choose to go to a doctor that is different than the doctor they authorized you can, but you got to pay for it. So that’s very unfair.

A lot of my clients come to me and they say, “We don’t like the doctor that’s been authorized by the workers compensation carrier.” There’s no good answer to that. The law is written against the injured worker. So if you want to pay to play you can go on your own. Otherwise, it’s my advise that you go to the company doctor. Tell them all the complaints that you have. Make sure you relay your pain complaints and your injury to the work. These company doctors are paid to try to defeat your case in many occasions, and they’re good at it.

A lot of times for instance, a shoulder case or a neck case. They’ll say your problem is preexisting or degenerative, and it’s your job and my job as your lawyer to prove in Missouri that work is the prevailing cause of your injury and need for medical care. Now what happens when there’s a dispute? And I get this an awful lot. They send me to the company doctor, and I had three injections, and I had ten physical therapy visits. Then the company doctor released me and I’m still in pain, and I have pain down my leg. I get that all the time, everyday. What did I do?

Well at Cantor & Burger we will file your claim and we will make a demand for medical care. And that puts the employer in a little bit of a trick bag. They can either say, “Okay, we’re going to give you more medical care.” Or they can say that, “We’re not going to provide you any additional medical care.” At that point it is our argument that the employer uses the right to control your medical care. We send them another letter. We say, “Please reconsider you position. My client requires additional pain management or medical care, with an orthopedic surgeon.” Usually the insurance companies will stand on their denial. At that point I may say to you, “Go and get treatment on your own.”

You may ask, “Will my private health insurance pay?” Most of the time the private insurance is also going to try and get out of paying. They’re going to say it’s a work injury. We have ways around that. But the point is that you have an obligation to demand additional care and if the employer refuses to provide that additional care, then you get care on your own, and your attorney files a hardship. I’ve spoken many times about that. But it’s a difficult set of facts in Missouri when you’re still requiring care and the employer fails to provide it. So call me if I could help. I know that this may not answer all your questions, but I’m a available to speak with you. My office number is (314) 542-9999. I’m Mark Cantor. Thanks for watching.

By: Mark Cantor