How Do I Get a Second Opinion If I Disagree with the Workers’ Comp Doctor?
Yes, you may get a second opinion if you disagree with the workers’ compensation doctor. However, you can’t always schedule another appointment on your own and expect workers’ compensation to cover the cost. In Nebraska, your options depend on who selected your treating physician, whether you’ve exercised your right to choose a doctor, and the rules that apply to your claim.
If you’re worried that your doctor’s opinion is delaying treatment or reducing your benefits, our Nebraska workers’ compensation attorneys at Andres Law Offices can explain your options for obtaining another medical evaluation and protecting your claim.
Can You Disagree With The Workers’ Compensation Doctor in Nebraska?
Absolutely. It’s common for injured workers to question a doctor’s conclusion that they’ve reached maximum medical improvement (MMI), can safely return to work, no longer need treatment, or didn’t suffer a work-related injury.
While disagreeing with the doctor’s opinion doesn’t automatically change your claim, it may be a reason to seek another medical evaluation. Nebraska’s Workers’ Compensation Act, including Neb. Rev. Stat. §§ 48-120 and 48-120.01, establishes rules for medical treatment and, in certain situations, an employee’s right to select a treating physician.
How Do You Get a Second Opinion in Nebraska?
The first step is determining who chose your treating doctor and whether you’ve already exercised your right to select a physician. Depending on your situation, you may need your employer’s agreement or a court order before changing your authorized treating physician or obtaining another evaluation. In other cases, the insurer may schedule an Independent Medical Examination (IME) if there’s a dispute about your condition or treatment.
Changing doctors without following the proper process could result in workers’ comp insurance refusing to pay for the new medical care. Before scheduling another appointment, consider speaking with our workers’ compensation lawyers in Nebraska who can help you understand your rights and communicate with the insurer.
What If The Second Doctor Disagrees With The First?
A different medical opinion doesn’t automatically change the outcome of your claim, but it can serve as crucial evidence. If two physicians reach different conclusions about your diagnosis, work restrictions, or need for additional treatment, the insurer may continue relying on the original doctor’s opinion. In disputed cases, medical records, diagnostic testing, and expert testimony may all be considered by the Nebraska Workers’ Compensation Court when deciding which opinion is more persuasive.
Should You Pay for Your Own Second Opinion?
You can. Sometimes an injured worker chooses to pay for an independent medical opinion, particularly if they believe the authorized doctor overlooked an injury or ended treatment too soon. However, paying out of pocket doesn’t guarantee the workers’ compensation insurer will reimburse you or accept the new doctor’s conclusions. Before spending your own money, you should determine whether a privately obtained opinion is likely to benefit your case and whether there are other options available under Nebraska law.
Don’t Let One Medical Opinion Limit Your Workers’ Comp Benefits in Nebraska
The first doctor’s opinion isn’t always the final word in a Nebraska workers’ compensation claim. If you’re being denied treatment, told to return to work before you’re ready, or facing reduced benefits because of a disputed medical opinion, talk to our workers’ compensation attorneys in Nebraska to learn your options.
Book your confidential case review with our Nebraska workers’ compensation lawyers by reaching out to Andres Law Offices online or at 402-491-4003.