Injured At Work: Do I Have To Go To Their Doctor?
My boss says I have to go to their doctor. I have other medical issues. Do I have to? I am concerned that the doctor that she wants me to go to will not treat me properly. I have delt with them before.
The last time I used that Doctor. I was getting a cat scan and they were going to inject me with a chemical. When they asked if I had any kidney problems, I said yes. They called the Doctor and he said go ahead. They told me they asked because if I had any problems this could damage my kidney. It did.
Answer: You don’t mention what state you’re in so the laws may be different. But, in the state of CA, there is a form called the Predesignation of Personal Physician that should be given to all employees BEFORE THEY GET INJURED ON THE JOB. Where you TELL them that you want to be seen by your own doctor. In your case, if you feel the “company doctor” is not treating you properly, you should have the right to get your own doctor. Go to HR. If you don’t have an HR department, then contact the workers’ comp office in your state. You might also be able to get information online from your state’s Department of Labor, Workers’ Compensation Division. DO NOT let that worker’s comp insurance company take advantage of you.
You MUST document what you stated here. You must be able to show negligence on their part. In fact, you need a legal consultation. Click here to find a workers’ compensation attorney in your area.
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2 Responses to Injured At Work: Do I Have To Go To Their Doctor?
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State law regarding workman’s comp will control this issue. Research you state department of labor website; find the workman’s comp and look through the FAQ’s (it would be a very common question) But you should also go to your own doctor , for a second opinion. You do not have to let them treat you initially, you should ask the workman’s comp doctor what is treatment plan will be and then seek out your doctor for a second opinion. Talk to your state department of labor after , if their is a treatment conflict. You should get a lawyer anyway, you can have a cause of action if your employer was grossly negligent or their actions "shock the conscious"
Many companies have a gate keeper physician that they send their employees to for workman’s comp claim injuries but no, you do not have to use "their" doctor. You have the right to choose your physician. Even though they have a physician that they want you to use doesn’t relieve the physician from his professional obligation to provide quality health care. If as you said, you have dealt with this physician before and you are uncomfortable with his professionalism, ethics or bed side manner, by all means exercise your right to go to the health care provider of your choice.