What do I do if the independent examiner says I can return to work and I am unable to work and risk further injury?

What does your doctor say? If there is a dispute about whether you can return to work, you need to ask for a hearing with your arbitrator. I recommend that you hire an attorney. Don't go up against the insurance company on your own. I'd be happy to talk to you more about what your next step should be, and answer any questions you may have. Feel free to give me a call at 1-312-346-5320 or 1-800-807-9530.

Ah, this is a common fact scenario that occurs very often in workers' compensation cases. The "independent" doctor is hired by the defense lawyer/insurance company. While most of these physicians are actually quite even handed and try to be objective, it does stand to reason that when someone is receiving let's say about $1,500.00 just to examine someone and they stand a chance to get many more of those "referrals" if their opinions "help" their referral source (insurance company), sometimes they will bend over a bit to make sure the "patient" returns to work ASAP.

In your case, this would probably set up a battle of doctors--your treating doctor (who presumably says you are not able to return to work) and "their" doctor, the independent examiner. Commonly, this can be done in an expedited proceeding before the Illinois Workers' Compensation Commission.

Please contact me if you wish to discuss this further.

Stephen Hoffman
773-944-9737

There's no two ways about it - this is the point at which you need a lawyer. If you need help finding an excellent Worker's Comp Lawyer in Illinois, let me know. These "independent" medical examiners are anything but independent. They are paid a lot of money by insurance companies to say that people are not injured, etc. Fortunately, a competent attorney will know exactly how to deal with the problem. Best of luck.