Legal Question in Workers Comp in Missouri

If the first doctor says i need surgery and the workmans comp insurance chts

ompany sends me to another doctor and he says no what are my rights?


Asked on 10/15/10, 3:04 am

2 Answers from Attorneys

Spencer Farris The S.E. Farris Law Firm

You need to hire an attorney. An experienced trial attorney will know how to take the first doctor's report to the judge and present the right evidence to get the treatment you need.

You only get one chance to get your workers' compensation case right, and if you do it without an attorney, you are risking a lot!

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Answered on 10/20/10, 8:34 am
Michael Harvath Harvath Law Offices-INJURY case representation

Hi. I am a Missouri injury attorney that focuses my practice almost exclusively on work injury claims and auto accident cases, and I handle claims in most parts of the state. I will try to provide an answer to the question that you have asked that will hopefully assist you, at least to some extent.

I have seen the scenario that you describe over and over again in the numerous work injury cases we handle. You should remember that the physicians that the insurance company for the employer send you to, generally speaking, have an obligation to work for the best interests of the insurance company. The insurance companies have a strong business incentive to minimize the amount of treatment for you that they pay for. Obviously, surgery can be very expensive. If the doctors who are working with the insurance company can release you from treatment without having surgery, they will save the insurance company money. However, if surgery is the best course of treatment for providing you future relief from your injuries, and you are released from treatment without surgery, you can be stuck to pay for surgery on your own, which can be terribly expensive.

Many attorneys are familiar with doctors who routinely evaluate injured employees and provide a "second opinion" that often counteracts the insurance company-referred doctor's opinion. I cannot stress how important it is to obtain a second opinion from an appropriate doctor. Otherwise, you can lose the opportunity to obtain coverage for treatment that may well be necessary (and very expensive). You may also lose out on the numerous other benefits you are entitled to under the Missouri workers' compensation laws. Our office covers the cost of a "second opinion" doctor's evaluation, because it is so important to your claim, to get all the benefits you are rightfully entitled to.

For convenience, I can be reached by e-mail at [email protected]. Our firm website is: http://www.harvathmissouriillinoislawyers.com. Thank you.

NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.

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Answered on 10/20/10, 10:37 pm


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