Which States Allow You to Choose Your Own Doctor After a Workplace Injury?

Suffering a workplace injury can be a stressful experience, especially when it comes to receiving the necessary medical care. An injured worker’s most important decision is choosing a doctor.

However, not all states let employees pick their own healthcare provider after a workplace injury.

These laws can vary based on where you work, and understanding these rules can significantly impact your treatment and recovery.

States Where You Can Choose Your Own Doctor

In some states, injured employees have the right to select their own doctor for treatment. These states generally prioritize patient choice and trust individuals to make informed decisions about their healthcare.

States that typically allow workers to choose their own doctor from the outset include California, Maine, New Hampshire, and Rhode Island. Even in these states, certain conditions may still apply. For example, the chosen doctor may need to be authorized by the state’s workers’ compensation board or be within a specific network.

Other states offer employees more freedom after an initial claim period. States like Georgia and Kentucky require that workers see a physician from an employer-approved list first but can switch to a doctor of their choice after a set number of visits or a waiting period. This approach ensures that workers have access to immediate care while still retaining some control over their long-term treatment.

States Where Employers Control Doctor Selection

In contrast, some states require injured workers to see only a doctor chosen by their employer or the workers’ compensation insurance provider. This policy is meant to help streamline care and control costs, but it can also leave employees feeling limited in their treatment options.

States with strict employer control over doctor selection include Florida, Texas, and Wisconsin. In these states, workers may have limited say in which physician oversees their care, although some exceptions exist when specialized treatment is required.

Certain states, such as Pennsylvania and Michigan, adopt a hybrid approach, requiring injured workers to first see an employer-approved doctor and allowing them more freedom to select their own provider after a designated period, typically 30 to 90 days.

Exceptions and Special Circumstances

Even in states where employers have significant control over doctor selection within workers’ compensation claims, there are often exceptions that allow workers more choice. For example, if an employer fails to provide a list of approved medical providers, employees may be able to choose their own doctor.

Also, in emergency situations, those involved in workplace injuries are usually permitted to seek immediate care from any available provider before switching to an approved physician.

Some states also allow workers to predesignate their doctor before an injury actually happens.

In California, for instance, employees can select their personal physician in advance, ensuring they can receive care from someone they trust if they suffer a workplace injury. To do this, workers typically need to notify their employer in writing before an accident happens.

The Impact of Doctor Choice on Treatment

Being able to choose your doctor can significantly impact the quality and direction of your medical treatment.

A doctor selected by an employer or insurance company may focus more on returning an employee to work quickly, sometimes at the expense of the most beneficial healthcare. On the other hand, a doctor chosen by the worker may be more inclined to prioritize the patient’s long-term recovery and overall well-being.

When employees have the freedom to pick their own doctor, they can select someone with whom they feel comfortable and who understands their medical history. This continuity of care can lead to better treatment outcomes and a smoother, faster recovery. It also helps injured workers feel more in control of their situation during a stressful and uncertain time.

How to Navigate State-Specific Rules

Understanding state laws regarding doctor selection is crucial for making informed decisions about healthcare after a workplace injury.

If you’ve been injured on the job, reviewing and understanding your state’s workers’ compensation regulations should be a priority. You can often find this information through your state’s labor department or workers’ compensation board.

If your state requires you to see an employer-approved doctor, familiarize yourself with their rules about switching providers. Many states allow a change in physicians after a certain period or under specific circumstances, such as inadequate treatment. If you are dissatisfied with your medical care, consulting a workers’ compensation attorney may help you learn how to request a different doctor.

For those who work in states that allow doctor selection, choosing a physician with experience in treating workplace injuries is still important. A doctor familiar with workers’ compensation cases can help document your injury properly, ensuring you receive the benefits you are entitled to under the law.

Choosing a doctor after a workplace injury is an important decision that can impact the quality of your treatment and your overall recovery.

Some states grant workers the freedom to select their own healthcare provider, while others require employees to see an employer-approved doctor, at least at first. Understanding the rules in your state can help you take control of your medical care and ensure you receive the treatment you need.

If you’re ever unsure about your rights, seeking legal advice from an experienced workers’ compensation lawyer may be your best choice to protect your health and secure the benefits you need and deserve.

At Work Injury Advisor, we have resources to help you get started.