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Warehouse workers at Amazon face similar hazards to workers in any other warehouse. However, according to one study, Amazon workers get injured more than twice as many times as workers in other warehouse jobs. In 2021, there were more than 34,000 serious injuries to employees while on the job at Amazon facilities. Among all warehouse workers in the United States, Amazon employees make up roughly one-third of these workers, but nearly half of all injuries (49%)  happened at Amazon facilities.
Like any personal injury lawsuit, you’ll first need to prove that another person or business entity is responsible for your injuries and was negligent. Where a case becomes more complicated for a self-employed person is in the calculation of lost wages. If you work for someone else, either as an hourly or salaried employee, it is rather straightforward to calculate how many hours or days of work you lost due to your injuries and provide a letter stating what regular compensation and bonuses, commissions, or other forms of compensation you missed out on. You can also include any sick, vacation, or bonus days you had to use during your hospitalization and recovery. If you are self-employed, the process becomes more complicated.
If you’ve been injured on the job, you’ll need to file a claim first with the Illinois Workers’ Compensation Commission. In Illinois, you’re allowed to select your own doctor to treat workers’ comp injuries. This is so that you have a better chance of securing a physician who has your recovery and best interests in mind, rather than one who has a vested interest in the insurance company’s profits.  You will, however, need to secure a doctor who accepts workers’ comp insurance, so make sure you let them know upfront that you were injured on the job, and it will be the company’s insurance policy paying. The doctor will need to know this information ahead of time because the insurer will certainly require the doctor to obtain authorization before performing certain treatments or tests.
If you were injured in a trucking accident in Chicago, Berwyn, Oak Lawn, Cicero, or a nearby community, call the injury attorneys at Lloyd Miller Law for a free consultation.

When to Sue a Workers’ Comp Doctor

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mage of a male doctor with medical malpractice and fatigue

Patients or their families may have the right to sue a workers’ comp doctor in Illinois when their negligent acts cause injuries or death. Like other medical professionals, workers’ comp doctors sometimes make mistakes that constitute medical malpractice. They might misdiagnose injuries or fail to practice proper care when performing medical procedures and surgeries.

How Does Medical Malpractice Work if a Workers’ Comp Doctor Is Involved?

Workers’ compensation doctors have a duty to provide care that meets the standards of what other medical professionals would provide in the same or similar circumstances. Even though the workers’ comp doctor is paid by the employer’s insurance company, he or she still owes the patient a duty of care. Medical malpractice occurs when injury or death is caused by a medical professional’s negligence. Although the Workers’ Compensation Act protects employers from lawsuits except in rare cases, workers’ comp doctors are not afforded the same protection. A workers’ comp doctor malpractice claim or lawsuit may be filed against a workers’ compensation doctor if his or her negligence results in a patient’s harm.

For example, a workers’ comp doctor may cause injuries during a surgical procedure that lead to subsequent treatment. The insurance company may attempt to argue that they’re not responsible for covering long-term treatment because the doctor was the one who caused the injury, as opposed to the employer. However, the employer’s insurer is liable for additional wage loss, medical treatment, or permanent disability resulting from this doctor’s malpractice.

Can You Sue a Workers’ Comp Doctor?

Workers’ compensation insurance companies are responsible for medical treatment if a worker sustains injuries because of the doctor’s treatment or testing. While a workers’ comp claim could cover economic damages such as medical expenses and lost wages, it won’t help compensate for non-monetary damages such as pain and suffering. Filing a malpractice claim or lawsuit in addition to the workers’ compensation claim, however, can help account for the psychological and physical anguish the patient has suffered.

While fault does not need to be proved for a workers’ compensation claim to be successful, the following elements must exist to win a medical malpractice case.

  • The physician owed the plaintiff a duty of care
  • The physician breached the duty of care
  • The victim suffered a compensable injury
  • The injury was caused by the doctor’s negligence

In many cases, a workers’ comp lawyer can help a victim file a medical malpractice claim while the workers’ compensation claim is still in progress. If you have experienced a workers’ comp doctor misdiagnosis or some other mistake and, as a result, suffered injury, you may consider discussing your rights and options with an attorney.

Learn More About Workers’ Comp and Medical Malpractice Claims in IL

When You Have a Workers’ Compensation Claim and a Personal Injury Claim

Understanding Crossover Cases in Illinois

Injured at Work – Don’t be Bullied-You Can Still Choose Your Own Doctor!

Types of Compensation

About the Author

Kurt D. Lloyd is a plaintiff’s trial lawyer who focuses on medical malpractice and other catastrophic injury cases. He lives in Chicago and represents injured clients throughout Illinois. He is also the founder of Lloyd Law Group, Ltd.

Chicago accident lawyer Kurt D. Lloyd