Skokie, IL asked in Workers' Compensation for Illinois

Q: 3 & 1/2 months removed from ACL/meniscus surgery and I feel that workers comp is rushing me back to work?

Doctor is recommending to continue physical therapy and to check back with him after 6 to 8 weeks. Workers Comp is on their own agenda and pretty much rushing the situation when I am physically not ready to go back to my job.

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3 Lawyer Answers

A: If you are not physically ready to go back to your job, you should not be rushed back to work. I would take this matter up with your attorney immediately, as you have a few different options. If you do not have an attorney, I recommend you hire one immediately. You will not be taken seriously until you do. A knowledgeable attorney will guide you through the entire recovery process, and will ensure you maximize recovery.

A: As a general rule, the Workers' Compensation Commission favors the opinion of treating doctors over others. Let your attorney know what is going on. If you don't have an attorney, get one ASAP. Unfortunately, the workers' compensation system in Illinois is primarily adversarial. If you don't have an attorney in your corner who knows how the system works, you can get pushed in directions that he or she may be able to stop.

Robert D. Kreisman
PREMIUM
Answered

A: I would urge you to consult with your lawyer. If you don't have a lawyer at this time, I know in your best interests you should hire an experienced workers' comp lawyer. Your physician's recommendations on treatment, the one who is actually treating your injuries, should overrule the workers' compensation's hired examining doctor's order to return to work. Your lawyer may have to obtain an arbitrator's order on this after petitioning to have you continue the needed treatment.

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