Changing Doctors: Understanding Your Workers Comp Claim
Understanding your workers’ compensation claim is crucial in navigating the complex process of changing doctors. A workers’ comp claim in Virginia is a basically a formal request made by an injured employee to receive financial support for medical bills and lost wages. This claim is the primary avenue through which injured workers seek compensation for workplace injuries in Virginia.
To be eligible to make a workers’ comp claim, you must be an employee working for an employer. Unfortunately, independent contractors and volunteers do not qualify for workers’ compensation benefits.
Medical Treatment: Choosing Your Initial Workers Comp Doctor
Choosing your initial workers’ comp doctor is a critical decision that can significantly impact the outcome of your claim. In many states, employers and their insurance companies have the right to select the treating doctor who will provide your ongoing medical care. However, some states allow injured workers to pick their own doctor from the very beginning.
It’s essential to understand the rules and procedures in your state before selecting a doctor. The Ritchie Law Firm specializes in workers’ compensation cases in Virginia. See below for how Virginia workers’ compensation laws handle a change in treating physician.
Depending on your state of residence, if you’re unhappy with your treating doctor, you may be able to change doctors, but be aware that it’s possible that your new doctor won’t support your workers’ comp claim. And your benefits could be denied or terminated. Making an informed choice from the start can help ensure you receive the best possible medical care for your injuries.
Does Virginia Workers’ Comp Allow You to Change Your Treating Physician?
If you’ve been injured on the job in Virginia, your employer is required to give you a list of at least 3 doctors that you can choose from to get medical treatment. If your employer gives you that list of doctors, you are required to select one from the list as your authorized treating physician. However, if your employer doesn’t provide you with a list or denies your claim, you can choose your own treating doctor. It’s important that you know when and how you may be able to change your workers’ comp doctor.
Injured Workers: Know Your Rights!
Don’t ever allow your employer to force you, as an injured worker, to go to its “company doctor.” You must insist on getting that list of 3 doctors to choose from. Often, company doctors have been conditioned to minimize the workers’ injuries to try to keep workers’ compensation claims at a minimum.
What Does Workers’ Comp Pay For?
Your employer’s workers’ compensation insurance company has to pay for:
- medical services provided by your treating doctor or any other authorized medical provider, including services which your doctor has ordered or requested
- services provided by any specialist that your treating doctor might refer you to. Your employer’s insurance company does NOT have to pay for medical care that is not authorized or which is not required to treat your job-related injury.
What Should I Tell My Doctor About My Accident And Injuries?
You should give your doctor as much detail as possible about your accident and injuries. Information about things such as parts of your body that were involved, location of any bruising, areas of soreness, whether you lost consciousness, and problems with vision or memory. You should also be prepared to describe the kind of pain you experience, including the location of the pain; whether it is sharp or dull; whether it involves burning, tingling, or numbness; how long it lasts; what kinds of activities seem to aggravate the pain; and, whether medication helps.
Changing A Treating Doctor
You may, at your own expense, consult a doctor of your choice for a second opinion or evaluation. If you are dissatisfied with your medical treatment, you may ask your employer’s insurance company to change your workers compensation doctor. The insurance company can authorize this change for you if they choose. If they do not agree to the change in physicians, you can ask for a hearing with the Virginia Workers’ Compensation Commission so a judge can determine if there should be a change in your doctor.
**IMPORTANT** If you change doctors without permission, the employer’s insurance company does not have to pay for your treatment.
so a judge can determine if there should be a change in your doctor.
**IMPORTANT** If you change doctors without permission, the employer’s insurance company does not have to pay for your treatment.
The Process of Changing Doctors
The process of changing doctors in a workers’ comp case can be complex and varies from state to state. In some states, you can change doctors at least once, while others limit the number of times you can switch. Some states require a mandatory waiting period before you can switch physicians, while others allow you to choose a new doctor from an approved panel or network. If you’re unhappy with your treating doctor, it’s crucial to understand the rules and procedures in your state before requesting a change. Consulting a Virginia workers’ compensation lawyer can help you navigate the process and ensure that your rights are protected. Knowing the correct steps to take can make a significant difference in your medical care and the outcome of your workers’ comp case.
Insurance Company’s Role in Changing Doctors
The insurance company plays a significant role in changing doctors in a workers’ comp case. In some states, the insurance company has control over your medical treatment and can select the new doctor for you. If the insurance company denies your request to change doctors, you have the right to appeal the decision to your state’s workers’ compensation agency. A workers’ compensation lawyer can help you navigate the appeals process and ensure that your rights are protected.
Getting a Second Medical Opinion
Besides changing treating physicians, getting a second medical opinion is an option for injured workers who are unhappy with their treating doctor’s diagnosis or treatment plan. A second opinion doctor does not provide ongoing treatment but performs a one-time examination, reviews your medical records, and provides recommendations on treatment, work restrictions, and limitations. The insurance company will consider the second opinion report and findings when assessing your workers’ comp claim. Additionally, a second opinion can be used as evidence at a workers’ compensation hearing if your benefits are denied. A workers’ compensation lawyer can help you navigate the process of getting a second medical opinion and ensure that your rights are protected. This step can be crucial in securing the medical benefits and compensation you deserve.
Talk To An Experienced Virginia Workers’ Compensation Lawyer
If you have questions about how to describe your work injury or any other questions about your Virginia Workers’ Comp claim, it is wise to contact a lawyer for some advice.
If you’ve been injured on the job, it is helpful to talk to a lawyer who is experienced in workers’ compensation claims. At the Ritchie Law Firm, you can talk to us for FREE . . . NO STRINGS ATTACHED! We can give you advice on your claim before you make a decision that could damage your case. Check out our article on “How Much Does a Workers’ Comp Lawyer Cost” here.
At the Ritchie Law Firm, we have successfully handled thousands of workers’ compensation claims. We’ve seen injured workers who have trusted the insurance adjuster only to find out that their time to file the paperwork to protect their claim had expired.
Virginia Workers’ compensation is a complex system that can be very difficult to navigate. Be very careful to make certain that your rights are protected before you sign anything. Talking to our workers’ comp lawyers about your claim is free. If we take your case, we don’t get a fee unless we win your case. There is no risk to you to get some information about your case before you make any decision that might negatively affect its outcome.
For more than 50 years, the Ritchie Law Firm has successfully helped thousands of injured workers navigate the complex workers’ compensation process. The Ritchie Law Firm specializes in serving injury victims. We never represent insurance companies or corporations. If your workers’ compensation case is going to hearing, you will want a trial expert on your side. We are board certified trial specialists through the National Board of Trial Advocacy. The attorney you choose for your workers’ compensation case can make all the difference in the outcome of your case. Choose wisely. . . you can talk to us for free. Call today 540-433-6124 or fill out the form below. Ritchie Law Firm is a personal injury law firm devoted to helping individuals who have suffered serious injuries as a result of a job injury.
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Ritchie Law Firm serves injured workers in all of Virginia while helping clients in cities and surrounding areas of Harrisonburg, Charlottesville, Staunton, and Winchester. Check out case studies from some of the cases we’ve handled by clicking here.
