What Happens If You Miss a Workers’ Compensation Appointment?
A work-related injury can turn your work, financial and personal life upside down, and it may have you considering filing a workers’ compensation claim. Workers’ compensation is designed to help injured workers by covering medical treatment and providing partial wage replacement.
It’s important to understand that pursuing a workers’ compensation claim also requires cooperation from the injured worker. Throughout the process, you will need to attend required examinations, follow reasonable medical recommendations and respond promptly to requests related to your claim.
The Basics About Workers’ Compensation in Illinois
What is workers’ compensation, exactly? In the state of Illinois, workers' compensation is a “...no-fault system of benefits paid by employers to workers who experience work-related injuries or diseases.” Because Illinois law requires employers to provide workers' compensation insurance for “...almost everyone who is hired, injured, or whose employment is localized in Illinois…” it is estimated that 91% of Illinois employees are covered under the Act.
Workers’ Compensation Medical Examinations
One common question injured workers have is: Can my employer or its insurance company require me to attend an examination with a physician it selects? Yes. Under Section 12 of the Illinois Workers’ Compensation Act, the insurance company can require periodic examinations by a physician selected by the employer. This is different from an appointment with the physician providing your medical treatment. One key requirement outlined in the “Handbook on Workers’ Compensation and Occupational Diseases” is that “...the employee shall submit to all physical examinations required by this Act.” Attending required Section 12 examinations is an important part of cooperating with the workers’ compensation process.
Cooperation is Key During the Workers’ Compensation Claim Process
Though filing for and pursuing a workers’ compensation claim may feel like a lot of pressure, your responsibilities are actually pretty straightforward.
One of your core responsibilities is simply cooperation. “Cooperate with the doctors and make efforts to achieve a complete recovery and full return to work, if possible,” says the Illinois Workers’ Compensation Commission. By attending all appointments and responding to requests for records on a timely basis, you are showing your commitment to the process and fulfilling the obligation to submit to the physical exams required by the workers’ compensation system.
Don’t Jeopardize Your Workers’ Compensation Benefits by Missing an Appointment
In the state of Illinois, an employee’s workers’ compensation benefits “...may be suspended or terminated if the employee (1) refuses to submit to medical, surgical, or hospital treatment essential to his recovery; (2) fails to cooperate in good faith with rehabilitation efforts.” What is failing to cooperate in good faith? Any behavior that delays a timely resolution of the workers’ compensation claim.
The consequences of a missed appointment depend on the circumstances. Repeatedly refusing necessary medical treatment or failing to cooperate with rehabilitation may affect benefits. Under Section 12, refusing or unnecessarily obstructing an employer-requested examination can temporarily suspend compensation payments until the examination takes place. Missing a scheduled appointment is just one of the common mistakes to avoid when filing a workers’ compensation claim. Other mistakes include:
- Failing to report your injury in a timely manner
- Delaying medical care
- Missing the deadline to file your claim with the Illinois Workers’ Compensation Commission
- Discussing your case publicly
- Failing to respond to claim-related notices or requests
How to Recover If You’ve Missed a Workers’ Compensation Appointment
If you unintentionally miss a workers’ compensation appointment, act promptly. The appropriate response may depend on whether you missed a treatment appointment, rehabilitation appointment or employer-requested examination.
- Contact the medical provider or examination scheduler as soon as possible.
- Briefly explain why you missed the appointment.
- Ask to reschedule the appointment promptly.
- Keep a written record of your communication and the new appointment date.
- Notify your attorney, if you are represented.
- Do not ignore follow-up notices or additional requests.
Have an Attorney in Your Corner to Keep Your Workers’ Compensation Claim on Track
You may wonder if you need a lawyer for your workers’ compensation claim. Workers’ compensation laws in Illinois can be complex, and insurance companies are primarily focused on managing costs—making it all the more important to have someone advocating for your best interests.
Local experience matters, because Illinois workers’ compensation laws have strict rules and deadlines. Attorneys familiar with the Illinois Workers’ Compensation Commission understand the applicable procedures, deadlines and requirements and can help you avoid mistakes that may affect your claim.
A knowledgeable attorney can evaluate your situation and help in a variety of ways. An experienced attorney can help you meet deadlines, gather evidence showing that your injury is work-related, respond to requests and pursue the benefits that may be available under Illinois law. If you’ve been injured at work and need guidance protecting your rights during the workers’ compensation process, the team at Black & Jones is your trusted resource in Rockford and the surrounding Northern Illinois area. Contact us or call (815) 967-9000.