Companies with employees are required by law to carry workers' compensation insurance in Pennsylvania, as they are in virtually every other state. The Pennsylvania Workers' Compensation Act requires that all businesses and individuals with at least one employee in the state enroll in the state's workers' compensation program. Included are all employees, whether full-time, part-time, or temporary. However, in some cases, consultants and independent contractors are not covered.
In exchange for receiving workers' compensation benefits, employees forfeit their right to file a lawsuit against their employers for any injuries sustained on the job. In addition, despite covering medical expenses, employees are not eligible for pain and suffering damages.
However, additional questions may arise, including whether you can choose your own doctor and whether you can submit a workers' compensation claim if you do not see a doctor. We will provide answers to these questions in the article that follows. Consult a Pennsylvania workers' compensation attorney if you have concerns about your claim or require legal assistance. Brandon J. Broderick, Attorney at Law, has an experienced team of attorneys available to assist you today.
Can I File for Workers' Compensation Benefits Without Visiting a Doctor?
The answer is typically no. You may file a claim petition as a first step. What is a claim petition? If your employer's workers' compensation insurer denies your injury claim, you must file a claim petition with the Workers' Compensation Office of Adjudication. If you are injured on the job, you must notify your employer immediately, who will then forward your claim to their workers' compensation insurer for approval or denial.
To submit a claim petition, you must have a doctor's statement indicating that your injury is work-related. In addition to requiring a doctor's note or report, if you are unemployed and claiming disability that could last longer than a year (52 weeks), the doctor will also be required to testify on your behalf, also known as a "medical deposition." The assigned workers' compensation court will set a date for the trial. You typically have 90 days to take your doctor's deposition, and the employer has the same amount of time.
Who Is The Employer's Doctor?
The insurer for workers' compensation will designate an Independent Medical Examiner (IME) physician to perform a single examination on you and review your medical history. The physician will compile a report and testify on its basis.
While each doctor testifies in his or her office, attorneys from both sides and a court reporter will be present to record all questions and responses. The court reporter will subsequently prepare and submit the deposition transcripts that the attorneys will use as evidence. If your case proceeds to a determination with the designated workers' compensation judge, the judge will determine which doctor he or she believes to be more credible. If it is determined that the doctor you see is more credible, you will win your claim petition for both income loss and medical benefits, if applicable.
If you want or need to limit the duration of your claim to 52 weeks, you are exempt from filing a doctor's deposition. Consequently, you may only be eligible for workers' compensation benefits for 52 weeks (one year). The doctor who examined you is not required to testify, but you still need a report proving that your injury is work-related.
Pennsylvania Law Requires That You See a Doctor
An injured worker has the right to seek emergency or urgent care from any medical professional, but Pennsylvania law permits employers to require that injured workers see a specific physician. This section is called the Panel Acknowledgement.
A Panel Acknowledgement is a list of at least six physicians that an employer may require an injured worker to visit.
It makes sense that a person would prefer to see their family doctor over a total stranger. A family physician will know the patient's medical history and have a strong rapport with them. A doctor employed by an insurance company may be less familiar with a patient's history than a family physician or general practitioner.
What Happens If I Refuse to See One Of The Doctors On My Company's List After I am Injured?
If you are an injured worker, you likely believe that you shouldn't be required to see a specific doctor that you aren’t familiar with if you don't want to. Unfortunately, workers' compensation will not cover the injured party's medical expenses if they see their own specialist. Instead, you will be responsible for paying. Unfortunately, if they require time off work to recover, they may not be eligible for Workers' Compensation either.
Brandon J. Broderick is Ready to Assist You With Your PA Workers’ Compensation Case
If you have been hurt on the job or in an accident, Brandon J. Broderick, Attorney at Law is here to help you get the compensation you deserve. We have the knowledge and resources necessary to help you win your case.
If you have been injured on the job in Pennsylvania, please contact us as soon as possible. We can discuss your legal options and formulate a winning strategy.
Never enter a legal situation without fully understanding the stakes and having competent representation. We are here to help you if you have any questions or concerns. You can contact us today. We provide no-cost consultations.