Workers’ compensation claims Queensland - your rights regarding medical treatment
Experiencing a work-related injury can be an overwhelming experience with physical, emotional, and legal concerns involved. A common decision faced by injured workers in Queensland is whether there is a benefit to seeing their own doctor or a doctor recommended by their employer.
It is important that injured workers have a good understanding of their options following a workplace injury to ensure their workers’ compensation rights are protected and that they receive the appropriate medical care.
Seeing your own doctor while on workers’ compensation: key benefits
When it comes to seeking medical attention after a work-related injury, you may wonder if there is any benefit to seeing your own doctor versus a doctor referred by your employer or the insurer.
Choosing your own doctor has several advantages:
Familiarity with your medical history
Your regular doctor knows your personal medical history, including any pre-existing conditions you may have and any other factors that may influence your recovery. This insight allows the provision of tailored care which takes into consideration your unique circumstances.
Unbiased medical advice
Your regular doctor is more likely to provide impartial medical advice which is focused on your well-being and medical improvement.
Comfort and trust
If you already have an ongoing relationship with your doctor, you will likely feel more at ease discussing your condition and concerns.
Continuity of care
Your regular doctor is likely to oversee your treatment long-term if required, ensuring your treatment is consistent and tailored to your specific needs and goals without interruptions or potential conflicting medical opinions from multiple practitioners.
When you may need to see another medical provider during the life of your workers’ compensation claim
While you do have the right to choose your own treating doctor, you may encounter situations throughout the workers’ compensation claim process where you may need to see other medical providers.
Independent Medical Examinations (IMEs)
Throughout the process of a workers’ compensation claim, your employer, their insurer, or WorkCover Queensland may request that you attend an Independent Medical Examination. This request is for the purpose of assessment rather than treatment. During this examination, the medical practitioner will generally provide an opinion on your condition, your capacity to work, the details of your injury and if your injury aligns with the workplace incident.
Specialist referral
Your injury may require specialist treatment such as that provided by a surgeon, physiotherapist, psychiatrist, or rehabilitation expert. Your treating doctor will typically make a referral to these specialists if required. While WorkCover or your employer’s insurer may suggest other specialists, you have the right to discuss your options with your usual doctor and make the decision.
Permanent impairment assessments for lump sum compensation
If your injury results in some form of permanent impairment, WorkCover or your employer’s insurer may appoint a doctor to perform an evaluation to assess your degree of permanent impairment (DPI) which determines whether you are entitled to lump sum compensation for your injury.
If you are issued with a Notice of Assessment, it is vital that you obtain legal advice. Any decision you make in relation to a Notice of Assessment and related lump sum offer is irrevocable and may affect your right to pursue a common law damages claim. Workers’ compensation common law damages is compensation in addition to your statutory entitlements, where you sue your employer if they contributed to your injury through negligence.
The role of medical reports and records in your workers’ compensation claim
Medical reports play a pivotal role in the workers’ compensation claim process. These reports are important to provide evidence of your injuries, treatment, and recovery. Common medical reports which will likely appear throughout the claim process are:
Work Capacity Certificate
This certificate is necessary to commence your workers’ compensation claim. Your injury is outlined within this certificate, as well as any recommended treatment and work restrictions or time off required. Without a valid Work Capacity Certificate, your workers’ compensation weekly payments and/or medical expenses will not be covered.
Treatment records
It is important to maintain open communication and attendances with your treating doctor to help demonstrate your injury recovery or deterioration and to receive the support you may need for further treatment, modified duties, or additional time off work. Your treatment records will demonstrate as such.
Specialist opinions
You may be referred to specialist doctors who may provide reports during your workers’ compensation claim process. These specialist reports can strengthen your case by providing more detailed assessments of your injury.
Important tips about medical treatment for injured workers
- Keep copies of all medical reports, receipts, and correspondence with your employer and Workcover or your employer’s self-insurer.
- Always follow your doctor’s advice, attend all appointments and complete all recommended rehabilitation.
- Try your best to maintain open communication with your employer and treating medical professionals about your injury, recovery, and any modified duties you may require.
- Seek legal advice if you are unsure about your rights or if you face any difficulties throughout the workers’ compensation claim process.
Get help from a workers’ compensation lawyer
Dealing with a workplace injury can be quite a daunting process. Understanding your options and your rights throughout this process is vital to protect your health and financial stability. While your employer may suggest a doctor for you to see after a workplace injury, it is important to remember that you have the right to choose your own doctor who prioritises your health, recovery, and well-being.
It is important to take the right steps early. If you are uncertain about the process or require assistance, Hall Payne Lawyers is here to help. Contact us to discuss your options and ensure your rights are upheld.
Contacting Hall Payne Lawyers
You can contact us by phone or email to arrange your consultation; either face-to-face at one of our offices, by telephone or by videoconference consultation.
Phone: 1800 659 114
Email: general@hallpayne.com.au
Find this article useful or interesting?
You may also like to read more about Queensland workers’ compensation claims:
This article relates to Australian law; either at a State or Federal level.
The information contained on this site is for general guidance only. No person should act or refrain from acting on the basis of such information. Appropriate professional advice should be sought based upon your particular circumstances. For further information, please do not hesitate to contact Hall Payne Lawyers.
Get in touch with today's blog writer:
Cassidy Holmes