Medical Care

Experienced Workers’ Comp Medical Claims Attorney Serving all of Chicago

Navigating the process of filing a workers’ compensation claim in the State of Illinois can be difficult and complex. The workers’ compensation attorneys at Malman Law commonly hear the following questions:

• What am I entitled to receive?
• What is my employer obligated to do?
• What am I obligated to do?
• How are the exams and medical expenses paid?

While this is by no means a comprehensive list of all of our clients’ frequently asked questions, we will try to provide answers to these common inquiries, so that you can refer to this information as you think about your claim and seek legal assistance when filing.

What Are Employees Entitled to Receive?

Injured employees are entitled to receive all necessary first aid, medical, surgical, and hospital services required to cure or relieve the effects of injury or disease. When appropriate, an injured employee may also be entitled to receive physical, mental, or vocational rehabilitation. An employee may choose any doctor or hospital at the employer’s expense. You should inform your employer in writing of the name and address of the doctor or hospital which you have chosen.

What is my Employer Obligated to Do?

Employers are responsible for paying for all emergency room services; treatment from two physicians, surgeons, or hospitals that the employee chooses; and any other medical care providers whom the two physicians, surgeons, or hospitals refer the employee to see. An employer is also responsible to pay for two treating physicians chosen by the employee. However, the employer is also responsible to pay for any additional medical care providers to whom the employee is referred by the two physicians, surgeons or hospitals.

What Am I Obligated to Do?

An employer may also require an employee to undergo an examination by a doctor of their choice, if the employee claims to be entitled to benefits. The employee is required to attend the exam.

How Are the Exams and Medical Expenses Paid?

If the employer requires the employee to undergo an examination with a physician of the employer’s choice, then the employer must pay for it. Additionally, the employer must also pay for travel expenses in advance, and any wages lost from the time that the employee spends away from work to receive the exam.

Other Possible Benefits from Workers’ Compensation

In accordance with Illinois state law, the following benefits may be entitled to injured workers and their families:

• Reasonable medical care for the injuries (such as the care detailed above)
• Temporary partial disability
• Temporary total disability
• Permanent partial disability
• Permanent total disability
• Other various benefits for vocational rehabilitation, when applicable
• Death benefits for the victim’s surviving family, if the work injury was fatal