There are three sides in a workers compensation claim: the worker’s, the employer’s, and the state’s. As a result, an injured worker’s case will be reviewed by three different doctors: the employer’s doctor, the injured worker’s doctor, and a state doctor employed by the state workers’ compensation department. Accordingly, the employer’s doctor will most often find in favor of the employer, and the injured worker’s doctor will find in favor of the worker. The state doctor, on the other hand, is neutral. However, the state doctor’s findings are based on a review of the other two doctors’ examinations and will never see the patient in person. Ideally, a doctor’s decision should be based on the age of the patient, previous medical history, and the type of work. However, doctors are put in a precarious position in which they may be pressured to come to conclusions that are not based on the interests of their patient, but instead on the interest of those who have hired them. The doctor’s review then becomes a point of arbitration.
It is important to hire an attorney who knows how to argue in favor of his/her client in order to ensure more weight is placed on the client’s doctor’s recommendations. Furthermore, a good lawyer will argue that the Illinois state lawyer’s record review, without having ever seen the patient, is insufficient. Simply put, a good Chicago lawyer will make sure there is a good doctor on the client’s side.