Q: In a work related injury, can the company decide what doctor you go and see. If so, how can this be allowed?
I have a Doctor that has always taken care of me inside of work and outside of work. Recently the company decided to take my Doctor off there list for work related injuries. Why would I agree to see another doctor whom I do not trust.
A: In Pennsylvania so long as the employer maintains a list of providers that are consistent with the Workers' Compensation Act an injured worker is required to treat from this list for the first 90 days after the date of injury. If the injured worker does not treat from this list during the first 90 days, the employer and/or the workers' compensation carrier does not have to pay for the treatment. After the first 90 days or if the injury is denied, the injured worker is free to treat with any medical provider. In addition, there are several requirements that the employer must comply with to be considered to have a valid panel list of providers, so if you feel that the list is defective or that your employer has failed to comply with another procedural requirement, it would make sense to review the matter with a workers' compensation attorney in your area.
A:
In order for an Employer in Pennsylvania to require an injured worker to treat with doctors of the Employer's choice, they are required to do 2 things. First, your Employer must establish a List of Designated Physicians that comports with the Medical Cost Containment Regulations and post same in a readily accessible place at your worksite such as near the timeclock or in the Employee lunchroom. If the Employer does establish such a List, and you provide Notice of your Injury, your Employer is to provide you with the Required Notice of Employee's Rights and Duties. Said Notice explains your obligation to treat with the physicians listed on the List of Designated Physicians, amongst other Rights and Duties.
If your Employer fails to do BOTH, then they cannot force you to treat with the "Company Doctor." Failure to do BOTH, allows you to treat with physicians of your own choosing.
Assuming your Employer has complied with its obligations to establish the List and secure your signature upon the aforementioned Notice, you are then required to treat with physicians on the List of Designated Physicians and if you do not like one of said positions, you are free to choose to treat with another. Your Employer cannot force you to treat with only one physician or force you to treat with Worknet/Occupational health etc.
Given your concerns, it is my recommendation that you promptly contact an Attorney who is a Certified Specialist in Workers Compensation Law and request a Free Consultation. Most Attorneys will except your Case on a Contingent Fee Basis.
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