When you suffer an injury at work, receiving appropriate medical treatment is a top priority. In Massachusetts, as in many other states, workers' compensation benefits are designed to cover medical care and lost wages for employees injured on the job. A frequent question workers have is whether they can choose their own doctor for workers' comp treatment. The answer is nuanced, depending on the stage of care and the employer's workers' compensation insurance policies.
Understanding Workers' Compensation in Massachusetts
Workers' compensation in Massachusetts is a system where employers are required to provide benefits to the employees who get injured while performing their job duties. These benefits can cover:
- Medical treatment
- Temporary or permanent disability payments
- Rehabilitation services
- Lost wages due to injury-related absence
- Death benefits for families if the injury is fatal
Workers' comp laws are in place to protect both the employee and the employer. Employees give up the right to sue their employer for most workplace injuries in exchange for receiving benefits, and employers avoid costly lawsuits in return for providing workers' compensation insurance.
Initial Medical Provider Rules in Massachusetts
Massachusetts workers' compensation laws require that the first medical visit after a work-related injury be with a doctor selected by your employer or the employer's insurance company. This initial visit is crucial for determining the severity of the injury and creating a treatment plan. However, it's important to note that this initial visit is required only for the first ten days following the injury. After that, you have more freedom in choosing your own healthcare provider.
Key Takeaway: You must see the employer's chosen doctor immediately after your injury for the first ten days. After that period, you are allowed to select your own doctor for ongoing treatment.
Choosing Your Own Doctor After 10 Days
Once the initial 10-day period has passed, Massachusetts law allows you to choose your own doctor for further treatment. This is a critical point for workers who prefer a physician they know and trust or who may seek specialized care. However, you need to ensure that any doctor you choose is authorized to handle workers' compensation cases, as not all physicians accept workers' comp patients.
Steps to Choose Your Own Doctor
If you're eligible to choose your own doctor after the 10-day period, here's what you should consider:
- Specialization: Ensure the doctor specializes in treating your type of injury. For example, if you've suffered a back injury, a specialist in orthopedics or physical rehabilitation might be more appropriate.
- Workers' Compensation Experience: Check that the doctor is familiar with handling workers' compensation cases. They must be able to fill out the necessary paperwork and provide testimony or evidence if required.
- Insurance Coverage: Confirm that the doctor accepts workers' comp cases and that your employer's insurance will cover the treatments they recommend.
- Convenience and Comfort: Consider the doctor's proximity to your home and your comfort level with their treatment style and communication.
Employer or Insurer's Rights to Request Second Opinions
While you do have the right to choose your own doctor, Massachusetts law also allows your employer or their workers' comp insurance company to request that you see their chosen physician for a second opinion. This does not mean you are required to switch doctors permanently. It simply allows them to obtain another medical perspective, particularly in cases where the injury or treatment plan may be in dispute.
Your employer or insurer might require you to attend an Independent Medical Examination (IME), during which a physician evaluates your injury to confirm the diagnosis and treatment plan. This is common if there is a disagreement about your ability to return to work or the extent of your injury.
Key Takeaway: While you can choose your doctor after ten days, the employer or insurance company may request an Independent Medical Examination for a second opinion.
Consequences of Not Following Workers' Comp Procedures
Failing to adhere to the proper steps in the workers' compensation process, such as not seeing the employer-selected doctor within the first ten days or not attending a required IME, can have significant consequences. You may risk having your benefits delayed, reduced, or even denied if you refuse to comply with these regulations.
To ensure smooth processing of your workers' compensation claim, it's crucial to:
- Follow all guidelines laid out by your employer and their workers' compensation insurer.
- Notify your employer of any changes to your treatment or condition.
- Keep accurate medical records and communication about your condition and treatment.
The Importance of Legal Representation
Selecting your own doctor and managing the challenges of a workers' compensation claim is overwhelming, particularly when employers or insurance companies dispute the seriousness of your injuries or your readiness to return to work. In these situations, hiring an experienced workers' compensation attorney is incredibly helpful. A workers' comp lawyer can:
- Ensure that you follow all legal procedures properly.
- Advocate for your right to choose the appropriate medical care.
- Help you understand your rights if an IME is requested.
- Assist in appealing denied claims or disputes over medical treatments.
Each year, nearly 16,000 workers' compensation claims are filed in Massachusetts, according to the Massachusetts Department of Industrial Accidents (DIA). Given the volume of cases, having an experienced attorney on your side can help ensure your rights are safeguarded throughout the entire process.
Conclusion
In Massachusetts, workers have the right to choose their own doctor after the first 10 days of an injury under workers' compensation. However, this choice comes with some caveats, including the employer's right to request an IME.
Injured? The Office of Brandon J. Broderick, Personal Injury Lawyers, Can Help
If the unfortunate happens and you’ve been injured in a work accident, don’t go at it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life.
Contact us now for a free legal review.