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Medical Care For Your Injury
When an employee is injured on the job, if the injury "arises out of and in the course of" the employee's job, the employer (or insurer) is supposed to provide medical treatment (Missouri statutory and case law governs which injuries "arise out of and in the course of" employment). The employer or insurer selects the treating doctor or other health care provider, and pays the medical bills. If the employee wishes to treat with his own doctor, he may do so at his own expense.
If the employee is required to go "out of town" to treat with a doctor of the employer or insurer's choosing, the employer must pay his mileage and reasonable expense in advance, or reimburse him after the trip. If a dispute arises as to whether an expense is "reasonable", an administrative law judge or legal advisor may decide the amount to be paid.
When the employer or insurer is providing treatment in a way that endangers the employee's life, health, or recovery, the Division of Workers' Compensation, or the Labor and Industrial Relations Commission, may order a change in the physician or health care provider.
Many times, the employer or insurer stops treating the employee as quickly as possible, and other treatment may still be required. The employee may seek an award for further medical treatment if the employee feels such treatment is necessary to "cure and relieve him from the effects of the injury".
The injury may also necessitate medical treatment for the remainder of the employee's life; the employee may seek an award of future medical treatment if he can show with a "reasonable degree of medical probability" that such treatment is necessary.
If an employee feels that he needs further or future medical treatment, he should consult a physician regarding the treatment before he seeks an award from the Division of Workers' Compensation for that treatment. The employee who fails to secure the opinion of a qualified health care provider regarding his further or future medical needs will probably not be successful. Your attorney can refer you to a physician for an opinion regarding your medical care needs.
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