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Who Chooses the Doctor When a Worker is Injured?

work injury worker injuredAfter an injury, most workers want to see their own doctor. However, this might pose a risk later when trying to receive Worker’s Compensation benefits. However, workers are not required to go to one specific doctor, even if one is specifically provided by the employer or Worker’s Compensation insurance carrier. In fact, an injured worker has the right for a least that contains a minimum of six different medical providers.

With that in mind, once a list is provided, the insurer is only required to pay for treatment if one of the medical providers is chosen for the first 90 days of treatment. After that time, the worker has the ability to choose any medical provider. Further, the worker does have the right to switch between medical providers, even during the first 90 days. If they don’t like the first doctor they see, they can choose another from that list. After the first 90 days, they can switch to their own doctor at any time and for any reason.

In fact, a worker can technically be treated by every physician on the list provided by the employer and the insurer. This is to help workers get the treatment they need following an accident while also protecting the rights of the employer. After all, the physician of the worker could be biased or could charge more. By providing a list, the worker gets a choice in their treatment and the employer will have their own rights protected.

In the case that an employer does not provide a list of medical providers, the worker has the right to go to any doctor of their choosing. Additionally, if a specialist is needed, such as an orthopedic surgeon or neurologist, the worker won’t need a referral as they would through their own insurance and family doctor. The worker’s employer’s insurance carrier is required to pay for the treatment.

In many cases, the employer and the insurance carrier decide not to inform the worker of these rights. This is what makes it important to find the right legal representation when pursuing a work injury. Contact us today to find out how we can help get the compensation you need.

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