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Law Offices of Jeremy K. Lusk, Inc.

Typically, the insurance carrier is responsible for providing medical treatment immediately after you report your injury up to $10,000 or until the date that liability for the claim is rejected.  The employer has up to 90 days to either accept or reject your claim.  However, once they make a decision to deny your claim, they are no longer required to provide medical treatment to you.

So what are you to do?  You can go to your own private physician and ask them to continue treating you for your workers’ compensation claim through your own personal insurance.  You might find some difficulty with treatment at first, depending on your doctor.  Once they hear you have a workers’ compensation claim, they may say they cannot treat you.  However, you will need to be clear with them that you are requesting to seek treatment under your private insurance since your claim was denied.  Typically, the doctor will then agree to treat you.  Later on if your claim is eventually accepted, you should be able to recover your out-of-pocket expenses for medical treatment such as co-pays, prescriptions, mileage, etc. 

What if you do not have health care coverage? What do you do?  Well the other option is to see if your physician or an occupational medicine physician in your area would agree to provide treatment to you on a lien basis.  What this means is that you are not charged for medical treatment at the time it is provided.  Depending on the outcome of your claim, the doctor may be able to recover their fees through a lien at the time of settlement. 

If you have questions about your workers’ compensation case and want to talk to an attorney in Fresno, call (559) 408-7436 or fill out the form to the right.

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If workers' comp denies my claim, can I still get medical treatment?