Workers’ compensation benefits exist to protect people from economic hardship caused by job-related medical conditions. Employees who develop illnesses or sustain injuries caused by their employment can request benefits to replace lost wages and pay for their medical care. Workers can request temporary disability benefits while they undergo treatment and may qualify for permanent disability benefits if they can never return to work or have to move to a profession with lower wages.
The duration of benefits and the worker’s eligibility for them depend on a medical professional’s evaluation of the situation. A medical doctor determines what type of treatment the worker requires and what limitations there are regarding their job performance. A physician also decides when a worker has stopped responding to treatment or when their condition has caused permanent functional limitations.
The selection of a doctor is therefore very important for a worker seeking worker’s compensation. Can an injured worker choose their own doctor, or must their employer choose?
Workers generally get to choose their own doctors
The workers’ compensation program empowers the affected employee to choose who provides their care. In many cases, workers can simply see a physician of their own choosing for diagnosis and treatment.
Occasionally, they may need to select a physician from a list of preferred care providers supplied by their employer. If the company has an on-site physician, the employer might suggest allowing that doctor to provide diagnosis and treatment.
However, employers generally cannot demand that workers see a company doctor during a worker’s compensation claim. They also cannot insist that a worker choose a specific medical professional from a list of providers.
There could potentially be a conflict of interest in such cases that could undermine the standard of care received by the worker. Even if a worker initially consents to see the on-site doctor when an employer has such arrangements in place, they generally have the option of switching to a doctor of their choosing when they start to question the choices made by that physician.
Employees who learn about their rights during a workers’ compensation benefits claim may limit the likelihood of a poor outcome. The process of selecting the right physician can go a long way toward optimizing a worker’s protection and recovery after developing a work-acquired medical condition.