Immediate medical treatment Go
to your regular health care provider, an urgent-care clinic, or a hospital
emergency room, depending on the extent of your injury. Tell the health
care provider
or intake person that you were injured on the job. Remember that no medical
bills will be paid by the insurer until you file a workers compensation
claim (Form
801)
with your employer and your claim is accepted. If your claim is denied,
you or your private health insurer will be responisible for the bills.
Your
doctor as your "attending physician" Unless the insurer has enrolled you in a managed care organization (discussed below), you may be treated by any
health
care provider
who qualifies as an attending physician under
Oregon law. Your health
care provider
is supposed to tell you if there are any limits to the services he or
she can provide.
Your
providers role Your health
care provider
is in charge of your medical treatment. Only your doctor can authorize
time off work, reduced work hours or duties, or release you to go back
to work.
Changing
doctors You may change doctors two times. Additional changes
require approval from the insurer or the Workers Compensation Division.
If you do change health
care providers,
fill out Form 827 at your health
care providers
office. Check the box Notice of change of attending physician.
If you are treated by a health
care provider
on an emergency or on-call basis, or if your health
care provider
refers you to a specialist but remains primarily responsible for your
care, these do not count as changes. If you are enrolled in a managed
care organization (MCO), your rights may differ. Contact the MCO if
you have questions.
Employers
covered by managed care organization (MCO) contracts If your employer is covered by an MCO
contract, the insurer may enroll you with the MCO at any time after
your injury, and you may be required to pick an MCO doctor. The insurer
will give you a list of providers with the enrollment notice. Until you
are enrolled, any health
care provider
may treat you if he or she qualifies as an attending physician. After
enrollment, if you have a regular doctor who is a family practitioner,
general practitioner, or internal medicine specialist, he or she may continue
to treat you if treatment is provided according to the MCO contract.
Employer
or insurer representative attending medical examinations It is up to you whether to allow an employer or an insurer
representative to attend your medical examination. It requires your written
consent. You have the right to refuse such attendance. Your benefits cannot
be reduced or stopped if you refuse to allow a representative to attend.
Independent
medical examinations (IME) The insurer may require you to attend medical examinations with doctors
it chooses. Workers compensation benefits may be stopped if you
fail to attend these examinations. However, they can only require you
to attend 3 IME's in each open period of a claim. Invasive procedures cannot be performed without your consent and your benefits
cannot be reduced or stopped if you decline invasive procedures. If you
need advance payment of your costs to attend the examination, be sure
to request the advance as soon as possible. The insurer pays all costs
for the medical examination. You may have a family member or friend accompany
you during the examination, if you have the signed observer
form and give it to the health
care provider.
However, health
care provider
approval is required for an observer in psychological exams. The insurer
will not pay any expenses for the family member or friend. If you disagree
with the number of exams the insurer has required you to attend, you can
request the Workers' Compensation Division to review. Call 503-947-7590,
select option 2.
Worker
requested medical examinations
If your claim has been denied by the insurer based on an insurer medical
examination (IME), and your doctor (attending physician) disagrees with
the IME results, you may be eligible to request a medical examination
by a doctor chosen by the Workers Compensation Division. In order
to be eligible for this exam, you must appeal your denied claim in writing
within 60 days of the denial. After you have requested an appeal on the
denial, you may send a written request for an exam to WCD, address to
the Resolution Team. A copy of your request should be sent simultaneously
to the insurer or self-insured employer. The request must include:
The name, address, and claim identifying information of the injured worker;
A list of physicians, including names and addresses, who have previously provided medical treatment to the worker on this claim or
who have previously provided medical services to the worker related to the claimed condition(s);
The date the worker requested a hearing and a copy of the hearing request;
A copy of the insurers denial letter; and
Document(s) that demonstrate that the attending physician did not concur with the Insurer Medical Examination report(s).
What
treatment is covered, whats not? If your claim is accepted, the insurer will pay for
all injury-related medical treatment and prescription drugs. This does
not necessarily include elective surgery (surgery that is not an emergency).
If you disagree with the insurer, contact the medical section, resolution
team at 503-947-7816, select option 2.
Elective
surgery This is surgery that is not an emergency. Your doctor
is required to notify the insurer before performing elective surgery,
and the insurer may require a second opinion. (MCO procedures may differ.)
If your doctor and the insurer dont agree about the need for surgery,
the insurer may ask the Workers Compensation Division to review
the need for surgery and determine if the insurer is required to pay for
it. If
you disagree with the insurer, contact the medical section, resolution
team at 503-947-7816, select option 2.
Your
responsibilities You must keep all of your medical appointments. You
must attend the insurer medical examination if one is scheduled. Read
all the letters and notices about your claim pay attention to instructions
about medical appointments. Failure to attend medical appointments may
result in the loss of your benefits.
Medically
stationary The term medically stationary means that
your condition or injury is not expected to get better with further treatment
or the passage of time. When your doctor determines that you are medically
stationary, the insurer will close your claim. The insurer will, however,
continue to pay for prescriptions and some other medical services.
Additional
medical care after becoming medically stationary After you are medically stationary, the insurer is responsible
for future medical services with some limitations. The insurer is responsible
to cover the costs of compensible medical services such as prescription
drugs, diagnostic care, life-preserving care, and some other services
related to your accepted conditions. Some medical costs are not covered
after you are medically stationary. Check with the insurer to find out
what services are covered. Palliative care, a medical service that makes
you feel better but doesnt heal your condition, is covered if you
are working and need the care to continue working or while you attend
vocational training. This care is covered only if approved by the insurer
or the Workers Compensation Division. Curative care may also be
covered because of your accepted conditions.
If
your condition gets worse aggravation rights If your accepted condition gets worse after you become
medically stationary, you may file a claim for aggravation
to have your claim reopened. You must fill out Form
827 at your doctors office and check the box on the form that
says Report of aggravation of original injury. Your doctor
will send this form to the insurer along with medical reports.
Your right to reopen a claim, or your aggravation rights,
end five years after your claim is closed (for a disabling claim) or five
years after your date of injury (for a nondisabling claim.)
If your condition
gets worse after your aggravation rights end If after five years you cannot work because your condition
worsens, and you need hospitalization, surgery, or other curative
medical treatment to allow you to return to work, you must contact the
insurer. The insurer may reopen your claim and pay you temporary disability
compensation during your recovery, as authorized by your doctor.
Curative care is medical treatment to stabilize temporary symptoms
after youve become medically stationary.
Palliative care
is treatment to relieve pain but does not improve or cure your
condition or injury.
Prescriptions If the claim is accepted the insurer will pay for injury-related
prescription drugs. Some insurers now pay pharmacies directly for drugs.
Keep receipts of all out-of-pocket expenses. Send a written request for
reimbursement with proof of expenses to the insurer within two years.
If you have questions about the information contained in this document, please contact
Benefits & Certifications Unit, 503-947-7585.
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