After a workplace injury, your focus is most likely, “How can I get back to work?” With missed days, lost wages, and medical bills piling up, the financial stress and the physical toll of your accident can add up. But what are you supposed to do if your condition is not improving?
This is where a second opinion can benefit you, but it may not be as easy as simply calling another doctor when workers’ comp benefits are at play.
Keep reading to learn how you can attain a second opinion, and how a knowledgeable workers’ compensation attorney can benefit your claim.
Can I Get a Second Opinion on Workers’ Comp? Our Attorneys Weigh In
Not every workers’ comp claim requires a second opinion. However, it may be warranted in certain circumstances and situations, such as:
Treatment is not progressing.
Some circumstances display a disconnect between the injured worker, clinical findings, and the designated treatment plan. If an employee was treated for a neck injury but shows no improvement over time, it’s possible a second opinion may identify something the original diagnosis missed or suggest an adjustment to treatment.
Unseen underlying medical conditions.
Pre-existing health conditions can affect how a workplace injury heals and, if they go undetected by both the injured worker and medical professionals, can delay treatment or even render it ineffective. If the original treatment plan fails, a second opinion may reveal a hidden underlying condition that changes the treatment plan altogether
Treatment evolves or becomes ineffective.
If standard treatment methods fail to show any progress, it may be worth seeking another opinion. At this stage, treatment may evolve to include other areas, potentially altering the course of the original treatment.
Can a Second Opinion Change Your Workers’ Compensation Claim?
Getting a second opinion may be necessary when the answer lies between short-term relief and lasting recovery. It can do more than just heal the physical and emotional toll of the workplace accident – it can also alter your claim in multiple ways.
A second opinion can:
- Challenge an insurance company’s doctor’s claim that you reached maximum medical improvement (MMI)
- Increase the value of a final settlement
- Protect your right to workers’ comp benefits if the first doctor downplays your ailments and injury
The Law and Seeking a Workers’ Comp Second Opinion
Different states operate under different authorizations regarding workers’ compensation and seeking second opinions. While some states allow the injured worker to choose their own doctors for care, other states leave the decision of care – and follow-up care if requested – to the employer.
In South Carolina, workers’ comp laws leave the decision of your medical care in the hands of your employer following an accident. You can ask the adjuster to authorize a second opinion, but your request may be denied. Just because you receive a denial doesn’t mean the fight is over.
Having a skilled workers’ comp attorney by your side can make a difference. Our team at Hoffman Law Firm can help you file Form 50 with the SC Workers’ Compensation Committee to have a commissioner order a second opinion, so you can get back on track to receive the compensation you deserve.
Second Opinions & The Real World
It’s not always easy to know when to ask for a second opinion on your workers’ comp medical visit, or when you have the strongest chance of approval.
Here are some real-world scenarios where it is best to ask your adjuster for a second look:
- When the first doctor recommends a high-risk procedure
- When you are still injured, but the doctor says you are ready to return to your pre-accident responsibilities
- Your condition and subsequent treatment options were not fully explained
- Symptoms have spread or worsened, despite ongoing treatment
- You feel like the doctor rushed your visit or did not take new information into account
You have every right to request a second opinion, whether that be for confirmation of a high-risk procedure or worsening symptoms despite your treatment plan – and our team at Hoffman Law Firm is here to help.
Need Help Seeking a Second Opinion? Hoffman Law Firm Has Your Back
When you’re still feeling the pain of a workplace injury after ongoing treatment, your journey doesn’t have to end there. If you’re considering a second opinion but fear getting a denial from your employer, leave it to Hoffman. Our team is highly skilled in navigating the complexities of workers’ compensation laws, insurance companies, and your benefits. Let us take the reins and fight for what you deserve.
With offices in Georgetown, SC, and Charleston, SC, our personal injury law firm supports accident victims throughout the Palmetto State. As the leading car accident lawyers in Charleston and Georgetown, we have established a reputation for success and exceptional service.
Schedule your free consultation today with a personal injury attorney in Charleston or Georgetown, SC, and we will take it from there.
