Can Workers Compensation Force Me To Go To Their Doctor?
How do you know which doctor to go to after you get hurt at work?
What often happens after somebody gets injured at work, and they report injury to their employer, is their employer tells them, “You’ve got to go down to the urgent care clinic or the occupational doctor.” They may tell you, “This is the doctor that we use for injuries” and send you there for treatment.
- Are they right?
- How much does it matter which doctor treats your injury?
Let me answer the second question first. It will probably matter a lot which doctor provides treatment for you.
Your doctors have a lot of power in your workers compensation case. They decide what medical treatment you need. They also have influence over whether you can work and what sort of work you can do.
You want to make sure you go to a good doctor. That brings me back to the first question above
Can the insurance company force you to go to their doctor?
Understanding the answer to this question requires an understanding of the different roles that doctors have in a workers compensation case. There are two basic roles for doctors in workers compensation cases:
- Doctors that provide treatment for your injury
- Doctor that perform an examination/evaluation but do not perform treatment (often known as IME doctors)
Different rules apply to these two different roles. First, I am going to discuss some of the rules that apply to treating doctors and whether the insurance company can force you to go to a specific doctor for treatment.
The insurance company does not have the power to pick your workers compensation treating doctor
Neither your employer nor their insurance company can force you to go to a specific doctor for treatment. You have some choice about which doctor you see.
Your employer should have posted what is called a panel of physicians. This is a list of doctors who can provide treatment for your injury.
If you get hurt on the job, you can pick one of those doctors off the list to provide you with treatment. This article I wrote has a more detailed discussion of your rights to pick a doctor off the panel of physicians.
When can the insurance company force me to go to a specific doctor?
Now, there are some situations where the insurance company can force you to go to the doctor they pick. The most common situation is what’s called an IME, or Independent Medical Evaluation.
An IME is not for treatment. It is an evaluation/examination.
The insurance company uses a part of Georgia’s workers compensation law called O.C.G.A. 34-9-202. That part of the law allows the insurance company can pick a doctor and have you evaluated by that doctor.
Often, the insurance company will tell you they are scheduling you a second opinion. The insurance company usually uses these evaluations to try to avoid paying benefits to you. They hope that the IME doctor will say that you do not need medical treatment or that you can go back to work.
The insurance company does have the right under the law to schedule those examinations and to force you to attend them. However, they have to follow certain rules to schedule the examination. This article I wrote provides a more detailed discussion of O.C.G.A. 34-9-202 evaluations and the rules that apply.
Can the insurance company ever force me to treat with a specific doctor?
The one situation where the insurance company can force you to treat with a specific doctor is when they succeed in getting your doctor changed. This generally happens after a hearing or as a result of a request to change physicians.
A judge at the State Board of Workers Compensation can say that a particular doctor is the authorized treating physician in your workers compensation case. In certain situations, you can lose your right to workers compensation benefits if you do not treat with your authorized treating physician. So, the insurance company can potentially force you to treat with this doctor or have you risk having your benefits suspended.
What if I have other questions about Georgia’s workers compensation rules regarding medical treatment?
We have articles on our blog that address all different areas of Georgia’s workers compensation law. You can find the articles discussing medical treatment on the Medical Treatment Rights page.
If you would prefer to speak with an attorney about specific questions in your case, we would be happy to set up a free consultation for you. This short article explains how our free consultation process works and what you can learn. To set up a free consultation, just call us at (770) 214-8885.
Jason Perkins is an attorney who specializes in representing injured workers. He regularly publishes videos and write blog articles about Georgia’s workers compensation system and issues that are important to injured workers and their families.
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