If I Need Medical Attention, Can I See My Own Doctor?
After a workplace accident, you will likely need medical attention. You may have suffered a concussion. Maybe you need a wound evaluated. Perhaps you broke a bone or suffered some other trauma.
After such an incident, you may assume that you can just make an appointment with your current doctor and get treated. This is not necessarily the case. Each state has its own workers’ compensation system, which pays out benefits to injured employees. As such, each state has its own laws and procedures as to what employers and employees are allowed to do.
What the Law Says
Under Nebraska Revised Statute 48-120, an employee can use their own doctor if the doctor has a documented history of treatment with the employee or an immediate family member prior to the workplace injury. An immediate family member refers to the employee’s spouse, children, parents, stepchildren, and stepparents.
What this means is that you cannot simply choose any doctor you see in the phone book (or online directory). You or a close family member must already have an established history of care with the doctor of your choice.
In addition to this, the employer must explicitly give the employee the right of selection within a timeframe established by the compensation court. If the employer fails to do so, then the employee has the right to use their own physician.
If the employee or employer makes the selection of the initial physician, this cannot be changed unless such a change is agreed to by the employee and employer or is ordered by the compensation court. In addition, if the employee selects a physician located in a community other than the home or place of work of the employee and a physician is available in a closer community, the employer is not required to pay travel expenses.
Also, the law states that in cases of injury requiring major surgery or dismemberment, the employee may inform their employer of the physician or surgeon they wish to perform the surgery.
Keep in mind that if your employer forces you to see a doctor of their choice, you are essentially seeing a “company doctor” whose interests are tied directly to those of your employer. This may compromise the objectivity of your diagnosis or treatment. Contact a lawyer if you have concerns.
Contact Us Today
After a workplace accident, you may want to know your rights and options, especially when it comes to choosing a doctor. You may be able to use your doctor, but it primarily depends on your employer.
An Omaha workers’ compensation attorney from Andres Law Offices, PC LLO can help you understand your medical benefits after a workplace accident. Schedule a consultation to learn more about your legal options. Give us a call at (402) 491-4003 or fill out the online form.