can I get into trouble if i use my own DR for a workcomp injury using my own personal health insurance?

I have been fighting workcomp insurance company for about 2 months now, they have refused to let me see a back DR, I am in so much pain, I decided to use my own personal health insurance and I told the DR i injured myself at home. Now had I told my DR it was hurt at work, then it would be a workcomp claim and she would need permission from workcomp people before treating me. My question is, can I get into trouble for doing this and can it hurt my workcomp claim? I had to do something, i was in severe pain.
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Answers (3)

Dennis Michael Phillips

Dennis Michael Phillips

Contributor Level 7
I don't know about in TN; but in Florida, we have to do it that way sometimes just to prove to the comp carrier that there is a problem that they have not authorized care for. When we do this, we know that the comp carrier won't retroactively pay for the evaluations and treatments that they didn't authorize; but we try to use the reports to show that there is something going on that really should be authorized going forward. Sometimes it works.

You didn't have to BS your doctor because the comp carrier already denied your claim for your back; therefore it was not a part of your comp claim at that time. You're welcome to see your own doctors whenever you need to for non-comp health issues. And, like you said, you had to do something.

Disclaimer: As a Florida attorney, I can only offer you the above as my thoughts on the matter and not as specific legal advice for you to follow. I'm not licensed in TN either.
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Michael J. Helfand

Michael J. Helfand

Contributor Level 7
I understand why you went to your own doctor. If you needed immediate treatment, then you did the right thing. However, it could hurt your case if you don't tell your doctor the truth about your injury -- that you were hurt at work. It would be a good idea to consult with a workers compensation attorney in your area as soon as possible to get this straightened out.
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Michael Joseph Schreyer

Michael Joseph Schreyer

Contributor Level 4
Many states limit your choice of doctors. If you violate your state's rules, you can lose benefits in the short term and in the long term. Your question demonstrates to both you and I that you need a lawyer, and one very knowledgeable in Tn Workers' Comp. Law. The fee is charged by the attorney for this type of case is in most states contingent, and most often is a small percentage of your recovery. The smartest thing you can do is meet with an experienced Tn Workers' Comp. lawyer before the end of this week, and get ALL of your problems fixed.
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