Can I see my own doctor for a PA workers’ comp claim?
Brandon J. Broderick, Personal Injury Attorney at Law
No one wishes to place their health and wellbeing in the hands of someone they have never met, but if you are an injured worker in Pennsylvania, you may find yourself in this position.
Workers' compensation is insurance that covers an employee's medical expenses and lost wages if they are injured or become ill on the job or as a result of work-related conditions. In Pennsylvania, as in virtually every other state, companies with employees are required by law to carry workers' compensation insurance.
According to the Pennsylvania Workers' Compensation Act, every business and individuals with at least one employee in the state are required to enroll in the state's workers' compensation program. All employees, whether year-round, part-time, or temporary, are included. However, in some instances, certain employees, such as consultants and independent contractors, are not covered.
Due to the fact that your medical provider has a substantial impact on the outcome of your PA workers' compensation claim, it is crucial that you understand your rights in the matter. In Pennsylvania, the workers' compensation system enables the majority of injured workers to receive insurance benefits to cover their medical expenses. However, there are numerous requirements and procedures that injured employees must follow. Similarly, there are an equal number of questions regarding these procedures. One of these, and one of the most complicated, is whether or not a worker who has been injured can see their own doctor. It is important that you contact a PA workers’ comp lawyer at Brandon J. Broderick as soon as possible if you have been injured at the workplace.
So, in Pennsylvania, are injured employees permitted to see their own physician?
Can I Obtain Medical Assistance Anywhere in an Emergency?
Some workplace injuries are subtle, whereas others are obviously traumatic. You have the right to seek emergency care wherever you can if you are bleeding, in excruciating pain, or otherwise require it. It is expected that workers' compensation will cover it.
Do I Have to Notify My Employer of My Work-Related Injury?
Section 311 of the Workers' Compensation Act mandates that injury claims be filed within 21 days of the incident and no later than 120 days. Even if you believe your injury is minor or will recover on its own, you should notify your manager or supervisor immediately.
Can I Choose My Own Doctor After a Work-Related Injury?
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In many cases, it is possible for a worker who has been injured on the job to consult their own physician. However, Pennsylvania workers' compensation also permits employers to specify that injured employees see a particular physician. This is referred to as the Panel Acknowledgment.
A Panel Acknowledgement is a list of at least six physicians that an employer may require a worker to visit following a workplace injury.
After sustaining a work-related injury in Pennsylvania, you may choose your own doctor unless all of the following are true:
If you want your employer to pay for all of your medical expenses, you must obtain care from one of your employer's designated healthcare providers. Even if you treat with a non-designated healthcare provider, you may still be eligible for workers' compensation benefits; however, you may be responsible for paying for the medical treatment during the first 90 days.
Additionally, it is against the law for your employer to point you in the direction of a particular doctor on the list, so any attempt to do so should raise red flags right away. There is a high likelihood that this doctor is more "employer-friendly" than "patient-focused."
An injured worker in Pennsylvania is restricted to their employer's list of healthcare providers for 90 days after their initial visit. After 90 days, you may choose any doctor to treat your injury or illness.
Claims for worker's compensation can be considerably more difficult to pursue than most people believe. If you believe you are not receiving the appropriate medical care or benefits, the most reasonable course of action is to seek experienced legal counsel.
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