Denver ATP Lawyer
Workers who have been injured on the job are entitled to medical treatment to help cure and relieve the effects of the injury. This treatment is given by "authorized treating physicians" at the expense of the workers' compensation insurance carrier.
What is often a problem for injured workers is that the authorized treating physicians are chosen by the employer, not the employee. Many of these doctors have long and profitable relationships with the employer or the insurance company and have had no long-term relationship with the injured worker. Thus, pressure may be put on the physician to release the injured worker from treatment early or to find that the injured worker has no impairment.
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In a workers' compensation case, when the treating physician is more interested in pleasing the insurance company than in caring for an injured worker, it is time to contact an experienced Colorado workers' compensation attorney who can explain and protect your medical benefits rights. At the Eley Law Firm in Denver, we have been protecting the medical benefits of Colorado workers for more than 25 years.
Who is the ATP or authorized treating physician?
The authorized treating physician (ATP) is determined by the employer at the time the employer is told that the worker was injured. The employer usually sends the claimant to a predetermined clinic. However, if the employer fails to send the worker to a doctor, the worker can choose his own doctor. Once that choice is made, the worker must continue with the authorized treating physician or any other doctor that the ATP refers the worker to. A worker can request a one-time change of physician within 45 days after he is injured.
What happens if medical treatment is denied?
The insurance company can still deny treatment even if it is recommended by the ATP. Frequently, especially when surgery is recommended, the insurance company will refuse to authorize treatment and will seek the opinion of an independent medical examiner. The "independence" of these doctors is sometimes questionable. Many of them do a great deal of business with insurance companies. If the insurance company's doctor disagrees with the treating physician, the matter may have to be determined by a judge.
What is the role of the nurse case manager?
Frequently, a nurse case manager (NCM) from the insurance carrier will accompany an injured worker on medical appointments. This gives the insurance company more direct access to the treating physician. Sometimes the nurse case managers can help coordinate treatment and help get treatment authorized. On the other hand, sometimes the nurse case manager can push doctors to release the worker early or to reduce the workers' restrictions.
The injured worker does not have to agree to have a nurse case manager. If you do not want a nurse case manager, you should tell the insurance company in writing that the nurse's services are no longer needed. You should also say in writing that you withdraw any authorization that the nurse case manager had to talk to medical providers.
Know your rights. 720.279.9172 · 866.458.6360 · Contact the Eley Law Firm
Call the Eley Law Firm today for a free case evaluation from an experienced workers' compensation attorney. You may also fill out the e-mail form on the contact page, and a representative from the office will be in touch with you shortly. We look forward to hearing from you and helping with your workers' comp case.
