Future Medical Care in Worker’s Compensation
When a person is injured at work, the employer is required by law to provide Workers’ Compensation benefits, which includes medical treatment for the injuries. One issue that commonly arises is the provision of future medical care after the worker has been released and the case as been closed.
This can be a murky and frustrating area for many reasons. First of all, the final judgment entered in the worker’s compensation case must provide for future medical treatment. Second, medical testimony will likely be required in order to prove the treatment is necessary. Having a skilled attorney in Workers’ Compensation matters is crucial in preserving and obtaining your rights to future medical care.
A final judgment is usually entered in a Workers’ Compensation case after the worker has reached maximum medical improvement and medical care has ceased. All too often, after the passage of some time, workers will experience a recurrence of symptoms or pain.
When they seek medical treatment, they may encounter resistance or refusal from the employer to pay for this treatment. Provided the final judgment contains the correct language, the law requires the employer to provide the future medical treatment if medical testimony can show it is necessary to relieve the symptoms and/or pain and improve the worker’s ability to function.
Ensure you receive all the Workers’ Compensation benefits to which you are entitled. Call the attorneys at Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC for a free consultation regarding your work injury and rights.