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Old 07-29-2009, 11:19 AM
 
Location: The Beautiful Pocono Mountains
5,450 posts, read 8,760,532 times
Reputation: 3002

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I have a question. I was injured at work and went to the company doctor. I twisted my knee.
I have pain, swelling, clicking, grinding and locking up. I was sent back to work on office duty without any scans, xrays, etc.
I went back the first night and in 3 hours my whole leg swelled to the point my shoe was too tight.
I called out last night and asked the HR person if I could go see my own doctor because something is wrong in my knee.
He said he'd check and call me back. I've still not heard from him.

Does anyone know what my rights are in regard to this? I've never been in this situation before and need some advice.

Thanks
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Old 07-29-2009, 11:36 AM
 
Location: Nassau, Long Island, NY
16,408 posts, read 33,300,458 times
Reputation: 7340
Quote:
Originally Posted by Jerseyt719 View Post
I have a question. I was injured at work and went to the company doctor. I twisted my knee.
I have pain, swelling, clicking, grinding and locking up. I was sent back to work on office duty without any scans, xrays, etc.
I went back the first night and in 3 hours my whole leg swelled to the point my shoe was too tight.
I called out last night and asked the HR person if I could go see my own doctor because something is wrong in my knee.
He said he'd check and call me back. I've still not heard from him.

Does anyone know what my rights are in regard to this? I've never been in this situation before and need some advice.

Thanks
What are you waiting for? YES you can go see your own doctor, even if only for a referral to an orthopedic specialist. Most doctors take workers' comp insurance benefits as well as typical health insurance, especially those that specialize in orthopedics. You could even skip your family physician and go straight to an orthopedic surgeon. Find out who the insurance carrier is for workers' comp for your company. Since it seems your HR person is pretty slow getting back to you, perhaps you can call the company doctor's office and ask their staff this question. Or if you make an appt. with an orthopedist in your area, their staff may be used to handling this and will contact your company directly with the paperwork necessary. Since you saw the company doctor right away it is documented that this is an on the job injury, so you should not have any problems qualifying for workers' comp to pay for your medical treatment. Also please note you will not have to pay a copay when visiting a doctor under the workers' comp claim, so if you visit your regular doctor and the staff is used to charging a copay you need to tell them it's a workers' comp matter. Best wishes for a speedy recovery!
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Old 07-29-2009, 11:39 AM
 
Location: Seattle
1,939 posts, read 3,922,073 times
Reputation: 4660
I'd rather go to my own doctor. NJ law seems to indicate that the employer decides who you can go to. I'd make sure you are documenting exactly what's going on and contact your NJ worker's comp office for clarification.

"Under the NJ workers' compensation law, the employer and/or their insurance carrier can select the physician(s) to treat injured workers for work related injuries."

Department of Labor and Workforce Development | Injured Workers
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Old 07-29-2009, 11:54 AM
 
Location: Nassau, Long Island, NY
16,408 posts, read 33,300,458 times
Reputation: 7340
Quote:
Originally Posted by Chilkoot View Post
I'd rather go to my own doctor. NJ law seems to indicate that the employer decides who you can go to. I'd make sure you are documenting exactly what's going on and contact your NJ worker's comp office for clarification.

"Under the NJ workers' compensation law, the employer and/or their insurance carrier can select the physician(s) to treat injured workers for work related injuries."

Department of Labor and Workforce Development | Injured Workers
Thanks Chilkoot! I am from NY and it seems here that if a doctor accepts workers' compensation insurance, the patient can choose which of those doctors to go to. I think it's kind of dangerous that a company can dictate who their employees see. Especially when they leave a worker in pain and take their time getting back to the person, as evidenced by this thread.
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Old 07-29-2009, 03:01 PM
 
Location: Seattle
1,939 posts, read 3,922,073 times
Reputation: 4660
Quote:
Originally Posted by I_Love_LI_but View Post
Thanks Chilkoot! I am from NY and it seems here that if a doctor accepts workers' compensation insurance, the patient can choose which of those doctors to go to. I think it's kind of dangerous that a company can dictate who their employees see. Especially when they leave a worker in pain and take their time getting back to the person, as evidenced by this thread.
Yes, it does seem a bit incestuous to have the employer decide what medical provider you must see.
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Old 07-29-2009, 05:44 PM
 
26,585 posts, read 62,030,832 times
Reputation: 13166
Actually it makes a lot of sense. Most states allow employers and insurance carriers to choose the doctors for the first visit--usually an Urgent Care as opposed to an expensive ER unless it's life or death. If you need further treatment, I've never heard of anyone not being able to get the doctor of their choice approved by the insurance carrier, as long as he or she was licensed, etc.
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Old 07-29-2009, 06:23 PM
 
Location: Seattle
1,939 posts, read 3,922,073 times
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Quote:
Originally Posted by annerk View Post
Actually it makes a lot of sense.
Why does it make a lot of sense to go to a doctor you have never seen before?
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Old 07-29-2009, 06:47 PM
 
26,585 posts, read 62,030,832 times
Reputation: 13166
Quote:
Originally Posted by Chilkoot View Post
Why does it make a lot of sense to go to a doctor you have never seen before?
Because it controls workers comp costs. The doctor that an employer sends you to has contracted rates with the w/c carrier.

When I handled w/c at my last job, if they needed an ER for a serious injury we sent them to the ER. (ie if they were going in an ambulance) If they were injured but it wasn't serious we sent them to whichever Urgent Care our w/c carrier contracted with. If they needed further treatment after that, they were given a list of three doctors in any given specialty to choose from.

If we let them choose where to go from the get go, a guy who needed two stitches in his figer would go to the ER and end up with a $3000 bill after sitting in the waiting room for six hours. Urgent Care would have charged $250 under a contracted rate and had him on his way in two hours.
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Old 07-29-2009, 07:57 PM
 
Location: The Beautiful Pocono Mountains
5,450 posts, read 8,760,532 times
Reputation: 3002
Thanks, guys, they are blowing me off in my request to see the ortho. I'm going to call the company myself and get approval to see one, probably tomorrow morning.
I called HR twice today and received no response.
This is making me crazy, because if I call out of work, I get written up. No, there are no sick days for an employee, EVER.. Yet, my knee is killing me and very swollen. I think I have to just handle this myself. I've been trying to be nice and do it their way, but it isn't working.
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Old 07-29-2009, 09:13 PM
 
Location: Seattle
1,939 posts, read 3,922,073 times
Reputation: 4660
Quote:
Originally Posted by Jerseyt719 View Post
Thanks, guys, they are blowing me off in my request to see the ortho. I'm going to call the company myself and get approval to see one, probably tomorrow morning.
I called HR twice today and received no response.
This is making me crazy, because if I call out of work, I get written up. No, there are no sick days for an employee, EVER.. Yet, my knee is killing me and very swollen. I think I have to just handle this myself. I've been trying to be nice and do it their way, but it isn't working.

It's understandable that costs need to be controlled. Unfortunately, this is an example of how these cost saving measures effect individuals in a very negative way. Look on the bright side, your pain is saving money!
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