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- Can You See Your Own Doctor After a Work Injury?
There are many ways to hurt yourself on the job. Consider the most recent data compiled by the National Safety Council. In a single year, there were:
- 499,270 contact incidents such as cuts, lacerations, and punctures
- 492,140 overexertion or repetitive motion injuries, such as a strained back or carpal tunnel syndrome
- 479,480 falls, slips, and trips that lead to sprains, strains, tears, and fractures
These are the exact types of injuries that require immediate medical attention. The moment you decide to go see a doctor for a workplace injury, you have to ask, “Can you see your own doctor after a work injury?”
If you intend to file a workers’ compensation claim, the answer is no. In Pennsylvania, injured workers must see a company-approved doctor for the treatment of any injury sustained during working hours.
However, there are some exceptions and the 90-day rule to consider. When a conflict arises that can impact your workers’ compensation claim, you need to talk with a skilled Philadelphia work injury attorney. Your attorney can help you make sense of the state’s workers’ compensation regulations and represent you during any potential appeals process.
The best way to fortify your claim is to ensure you’re following all the proper procedures, starting with your first doctor’s visit.
Pennsylvania Workers' Compensation and the Choice of Doctor
Under the Pennsylvania Workers’ Compensation Act, your employer can legally require you to seek treatment with one of the company’s approved doctors, but only for the first 90 days after your accident. After the 90 days, you’re entitled to see your own doctor.
The company’s doctor will be selected from a list of at least 6 healthcare providers.
That list of doctors should be provided to you at the time of your hire. You will also have to sign a form acknowledging that you understand you must see one of the approved doctors.
The exception to this rule is if your employer did not provide a viable list or if you need to see a specialist.
Also, if the incident requires an emergency room visit, you don’t need approval. You can go to the nearest ER for care.
The Risks of Treating Outside the Approved Medical Network
The benefit of having a workers’ compensation insurance program in place is that it requires payment for reasonable and necessary medical expenses related to a workplace injury, provided the worker complies with the filing process.
That begins with seeing a company-approved healthcare provider for the first 90 days of treatment.
If you don’t see that doctor, the insurance carrier can legally refuse to pay your expenses.
The medical evidence you present is critical to getting your claim approved. Insurance companies often rely on Independent Medical Exams (IMEs) from their approved doctors.
There is a justifiable concern that the “company doctor” might try to minimize the extent of your injury in order to reduce the amount of the payout.
If that happens and your claim is denied, you’re entitled to get a second opinion. The expenses for those exams might initially be out-of-pocket, but you might be reimbursed from your ultimate approved workers’ compensation claim.
Meet Our Attorneys
How Legal Counsel Protects Your Right to Quality Care
When you’re dealing with a workplace injury, you need to follow the rules despite any misgivings you might have about the company’s choice of physician. If you feel as though you aren’t being taken seriously by that doctor, document everything.
After that, you’ll want to talk with the work injury lawyers at Laffey Bucci D’Andrea Reich & Ryan.
Our team has helped many workers navigate the often complicated workers’ compensation program. We understand how the rules are supposed to operate and what their limits and exceptions are. We also know how frustrating it can be to deal with your recovery and lost wages. That is why we want to streamline the process as much as possible.
We can help you file your initial workers’ compensation claim and ensure you meet all eligibility requirements. If the claim is still denied, we’ll immediately file an appeal to schedule a hearing. All you have to do is focus on your recovery.
We’ll handle the legal matters.
Our support begins with a free initial consultation where we can answer all your questions about your injury and your benefits options. Call our office today to schedule that talk, and let’s get the process on track.
Legal Rights of Injured Workers
We represent victims in work-related injury claims, using our valuable experience and talented team to pursue maximum compensation on behalf of tradesmen injured on the job. Our attorneys are licensed to practice in Pennsylvania, New Jersey, New York, Delaware, New York, Illinois, Florida and West Virginia.
The vast majority of work place accidents are covered under workers’ compensation. However, there are a substantial amount of remedies that may be available to you that are not covered under workers’ compensation and that’s where we come in. Please call Laffey Bucci D’Andrea Reich & Ryan so we can evaluate your claim and provide you with all of your options.