Tips for Healthcare Workers Treating Injured Workers
At some point in their medical practice, most healthcare workers will treat a patient who was injured on the job.
But many doctors, physicians’ assistants and nurses find that while they can help these patients with their medical problems and physical recovery, treating someone with a work injury presents a unique set of challenges – not all of them medical.
Indeed, injured workers and their families must deal with a host of issues as they try to heal and rebuild their lives after being hurt on the job. There are emotional and financial burdens, and a seemingly endless amount of bureaucratic red tape to navigate when filing a workers’ compensation claim.
Additionally, injured workers face tremendous external pressure from family members, coworkers, employers and insurance companies to return to work so they can start earning a paycheck again. It’s also not unusual for injured workers to pressure themselves to return to work before they’re physically ready because they feel obligated to do so or feel “less than” because they’re out of work and collecting unemployment benefits.
When we started the Deuterman Law Group six years ago, one of our founding principles was that we would treat clients as people, not as cases, and that we would attend to the whole person. It’s our job to ensure not only that our clients receive the maximum workers’ compensation and medical benefits available to them, but also to assist them as they adjust to a new “normal” following an injury.
I believe that most healthcare professionals who are treating injured workers want the same for these patients and realize that their obligation to them extends beyond providing basic medical care. But workers’ compensation isn’t taught in medical school, so most doctors, nurses and medical office staff don’t know how else they can help these patients. And they may also be unaware of additional services available to injured workers – at no extra cost to the patient – as a result of their workers’ compensation benefits.
I offer the following suggestions and insights into the intricacies of workers’ compensation law in North Carolina that I hope physicians and other healthcare workers will find useful as they're treating injured and disabled workers:
- If a patient comes to you with an injury resulting from an accident at work or a chronic condition that was likely caused by their job, encourage that person to report the injury, if he or she hasn’t already done so. Ideally, work injuries should be reported immediately to the employer and the N.C. Industrial Commission and, in any event, within 30 days of the accident or diagnosis that the condition is work-related.
- Keep detailed records of the patient’s treatment and any conversations you have about the injuries. Detailed medical records, which accurately reflect the patient’s symptoms, treatment and the progression of their recovery, are crucial in workers’ compensation claims. Many cases end up in litigation simply because medical records lack details or are ambiguous.
- Encourage you patient to keep a calendar or journal to document important facts relating to the work injury and ongoing treatment. In their journals, patients should record details of how the injury occurred, who witnessed it and how and when it was reported. Additionally, injured workers should make note of any medical appointments in their journals, recording any medical procedures that were conducted and instructions they received from healthcare workers. Finally, patients should write about any symptoms or additional medical problems they’re experiencing and any harassment they encounter from employers, coworkers or the insurance company regarding the work injury. Workers’ personal journals have proven to be invaluable in presenting a workers’ comp claim to the N.C. Industrial Commission.
- Some injured workers will want to return to work before they are medically able to do so. While injured workers are justified in their fear of reprisal for missing work because of an injury, strongly discourage them from returning to a job for which they are physically unprepared. Candidly explain the risk of re-injury. And while it’s true that some people are fired for filing a workers’ compensation claim – even though the law forbids such retaliation – being fired is preferable to derailing recovery or creating a worse medical problem by returning to work too soon. Let your patients know that there is legal recourse if they are fired. Patients can file a wrongful termination claim themselves with the Industrial Commission, but many will find it helpful to have an attorney advocate on their behalf.
- Injured workers may be entitled to additional benefits beyond compensation for lost wages and traditional medical care. The standard in North Carolina is whether or not the recommended treatment is reasonably likely to effect a cure, give relief from symptoms (including pain relief) or lessen the period of disability. Under this standard, in cases of catastrophic injury, North Carolina’s workers’ compensation law allows for things like home and vehicle modifications, medical devices in the home such as hospital beds, in-home attendant care, motorized wheelchairs, etc. So long as these devices/modifications meet the standard recited above and are prescribed by a treating physician, they should be covered by the Workers’ Compensation insurance company.
- Many injured workers believe that they don’t have the right to choose their own doctor and that they must see a physician assigned by the N.C. Industrial Commission or their employer’s workers’ comp insurance company. Patients have the right to ask the Industrial Commission for permission to see a doctor of their choosing. However, if an injured person is treated by a physician without first getting permission, his or her workers’ comp benefits might be in jeopardy. If a patient comes to you under these circumstances, advise them that an attorney can help ensure that benefits are protected.
- Injured workers who must travel 20 miles or more roundtrip for medical care are entitled to collect $0.55 per mile. Special consideration also is given to employees who are totally disabled.
- Chiropractic treatment is allowed for workers’ compensation patients, if the employer or the employer’s insurance company grants permission. As many as 20 visits are allowed, if medically necessary. If additional visits are needed, the chiropractor should request this authorization from the Industrial Commission.
