Can I Choose My Own Doctor for a Workplace Injury in Nebraska?
Sometimes, yes. Nebraska workers’ compensation law allows you to choose a doctor who treated you or an immediate family member before your workplace injury, but specific rules apply. If you don’t properly exercise that right after your employer gives you the required notice, your employer may choose the doctor instead.
Getting the right medical care matters when an injury is keeping you from working or getting worse. If you’re unsure who gets to choose your doctor, contact Andres Law Offices. Our Nebraska workers’ comp attorney can review how the physician was selected, address treatment issues, and help you avoid a choice that could affect your benefits.
When Can You Choose Your Own Doctor for a Nebraska Work Injury?
You may choose a physician who already had a documented treatment relationship with you before your injury and maintained your medical records. You can also select a physician who previously treated and maintained records for an immediate family member. This doesn’t mean you can simply pick any Nebraska doctor after getting hurt and require workers’ compensation to cover the treatment.
What Happens If You Do Not Choose a Doctor?
Your employer must notify you of your right to select a physician. If you receive proper notice but fail to exercise that right according to the required procedure, your employer gains the right to select your physician. There is an important exception. If your employer fails to properly notify you of your selection right, you retain the right to choose a physician.
For instance, if your longtime family doctor treated you before you suffered a workplace injury, you may qualify to select that doctor. Ignoring the selection notice and simply scheduling with an unfamiliar provider can create problems over who pays the bills.
Can You Change Your Workers’ Comp Doctor?
Generally, you can’t freely switch doctors after the initial physician has been properly selected. A change usually requires agreement between you and your employer or an order from the Nebraska Workers’ Compensation Court. The court may decide disputes regarding the necessity and sufficiency of medical care and order a change of physician when it deems such a change necessary or appropriate. Your selected physician can also arrange consultations, referrals, or specialized treatment when your injury requires it.
What If Your Employer Uses a Managed Care Plan in Nebraska?
A certified managed care plan can affect where you receive treatment after responsibility for your medical care has been accepted or determined. Nebraska allows an employer to require treatment through its contracted plan in certain circumstances. However, the law preserves certain physician-selection rights. A physician properly chosen by you can provide care if that doctor agrees to follow the plan’s requirements and refer additional treatment through the plan when required.
Can You See Another Doctor Without Permission?
Doing so can put payment for that treatment at risk. Your employer is generally not responsible for medical services furnished or ordered by a provider you selected in disregard of the statutory physician-selection rules. That’s why it is worth checking your rights before changing providers rather than assuming you can sort out the medical bills afterward.
Know Your Rights Before You Switch Workers’ Comp Doctors, Talk to Our Nebraska Workers’ Comp Lawyer Today
If you are unhappy with your treatment or your employer insists that you see a particular provider, don’t assume you have to accept that doctor or that you can switch on your own. Our workers’ comp attorney in Nebraska can review the selection process and help you pursue appropriate medical care without unnecessarily jeopardizing your benefits. Reach out to Andres Law Offices at 402-491-4003 or online for your confidential case assessment.