Sustaining a work-related injury can be a stressful and challenging experience. One of the first questions that many injured workers ask is whether they have the right to choose their own doctor for treatment. While the answer can vary depending on state laws, workers’ compensation guidelines, and the specific circumstances of the injury, understanding your rights is critical in navigating the medical side of your case. In this blog, we’ll explore whether you can choose your own doctor for a work-related injury, the factors that impact this decision, and the potential implications for your workers’ compensation claim.

Understanding Workers’ Compensation and Medical Treatment

Workers’ compensation is a system that provides financial and medical benefits to employees who suffer job-related injuries or illnesses. Typically, when you are injured at work, your employer’s workers’ compensation insurance covers your medical treatment and lost wages.

• Employer’s Designated Doctors: In many cases, employers have a list of approved doctors or medical providers that injured workers are required to see for their initial treatment. These doctors are often chosen by the employer or workers’ compensation insurance company.

• Treatment Continuity: If the initial doctor provides appropriate treatment, you may be required to continue seeing them for follow-up appointments and care. However, in some situations, workers have the right to seek additional or specialized medical care if needed.

Can I Choose My Own Doctor?

The answer to this question depends on several factors, including the laws in your state, the severity of the injury, and your employer’s workers’ compensation policy. Below are some general guidelines:

• In Some States, You Have the Right to Choose: In certain states, you can choose your own treating doctor from the outset, even if the injury occurred at work. Some states may allow you to choose a doctor after seeking initial treatment from an employer-approved provider. This is often the case if your injury is serious, long-term, or requires specialized care.

• Other States Have Restrictions: In other states, you may be required to see a doctor chosen by your employer or workers’ compensation insurer. In these states, the employer is generally responsible for choosing the doctor who provides the initial treatment and potentially continues care.

• Pre-Designated Doctors: In some cases, workers are allowed to designate a doctor in advance, before an injury occurs. This allows the worker to have their own chosen doctor handle their care if a work-related injury arises. However, not all states allow this option, and specific guidelines may apply.

To find out whether you can choose your own doctor, it’s important to understand the workers’ compensation laws in your state. For example, you can check with your state’s workers’ compensation board or department for specific rules.

When Can I Choose My Own Doctor?

Even if state law requires you to use an employer-approved doctor for initial care, you may still have the right to choose your own doctor under certain circumstances:

• Severe Injuries: If your work injury is severe or requires specialized care, you may be able to request a referral to another doctor or specialist who is more qualified to treat your condition.

• Requesting a Second Opinion: If you feel that the doctor recommended by your employer is not providing the care you need, you may have the right to request a second opinion. In some cases, workers are entitled to seek a different doctor if they believe their treatment is not progressing appropriately.

• Long-Term Treatment: If your injury requires long-term or ongoing medical care, you may be able to seek a second opinion or request a change of doctors if the initial care has not been effective.

What to Do If You Want to Change Doctors

If you are not happy with the care you are receiving, it’s important to follow proper procedures to ensure that your choice of doctor doesn’t impact your workers’ compensation claim. Here’s what you can do:

• Consult with an Attorney: It’s a good idea to speak with an experienced workers’ compensation attorney if you’re considering changing doctors. An attorney can help guide you through the process, ensure that you comply with state-specific requirements, and protect your claim.

• Request Approval: If your state or insurance company requires approval before changing doctors, make sure to follow the correct steps. This may involve submitting a written request or obtaining permission from your insurance provider or the workers’ compensation board.

• Document Everything: Keep a record of all communications with your doctor, employer, and insurance company. If you change doctors, document why you made the change and ensure that your new doctor is aware of your injury’s history.

Conclusion

Choosing your own doctor for a work-related injury depends on several factors, including state regulations, your employer’s workers’ compensation policy, and the nature of your injury. In some cases, you may have the right to choose your doctor from the beginning, while in others, you may need to see an employer-approved provider initially. However, if your injury requires specialized care or you are unhappy with your treatment, there are steps you can take to change doctors or seek a second opinion.

At MHK Attorneys, we understand how important it is to get the proper medical care for your work-related injury. If you need guidance on choosing a doctor or have questions about your workers’ compensation claim, contact us today to speak with one of our experienced attorneys.