For the most part, no. The Code of Virginia requires employers to provide a list of at least three doctors injured employees can see if they are hurt on the job. This is known as the employer’s Panel of Physicians. Each of these doctors must be from a different medical practice. Only if the employer provides no Panel of Physicians or an illegitimate panel can you select your own doctor.
The doctor you choose to treat your work-related injuries will significantly influence your case. The doctor will determine whether your injury is work-related, your impairment rating, and when you can return to work. An experienced workers’ compensation lawyer can review the Panel of Physicians and help you make the best selection. Your lawyer may recognize good doctors on the list and make a recommendation based on your particular situation. Or, they can ask other lawyers for a recommendation based on the panel.
Work-related injuries and illnesses take a severe toll on thousands of Virginia workers every year. When you’re injured on the job, the doctor who treats your injuries will play a key role in your treatment, as well as what workers’ compensation benefits you may receive.
With this in mind:
Do injured workers have the right to choose their doctor in Virginia?
The short answer is that injured workers do not have complete freedom to select their treating physician in a workers’ compensation claim.
The Virginia workers’ compensation lawyers at Marks & Harrison can guide you through the workers’ compensation process to get the best possible treatment for your injuries. Contact us now for a free and confidential claim review and advice about your best legal options.
Can the Employer’s Workers’ Compensation Insurer Pick Your Doctor?
As an injured worker receiving workers’ compensation benefits in Virginia, you have some say over which doctor you can select to treat your injuries, but you are not allowed to choose any doctor you wish. According to the Code of Virginia, your employer and their workers’ compensation provider must give you a list of at least three doctors to choose from if you’re hurt on the job.
This group of doctors is sometimes referred to as an employer’s Panel of Physicians. If you sustain a work-related injury, you can select from any of the three or more doctors on the panel. Each doctor on the Panel of Physicians must be from a different practice.
If your employer does not give you at least three doctors to choose from after a work-related injury, or if two or more doctors on the Panel of Physicians are from the same practice, then your employer’s actions violate the law.
Contact our workers’ compensation attorneys right away if your employer pressures you to select a doctor from an illegitimate Panel of Physicians. If you can show that your employer did not provide an appropriate Panel of Physicians, you may choose your own doctor or have your employer provide a new Panel of Physicians that meets Virginia’s workers’ compensation laws.
How to Select the Best Doctor from the Employer’s Panel of Physicians
It’s crucial to select the right doctor to treat your injuries if you sustain a work-related injury or illness. Your doctor will be the one who documents your injuries, sets your work restrictions (if necessary), and provides other vital pieces of evidence in your workers’ compensation claim.
Here are a few factors to keep in mind when selecting a doctor from your employer’s Panel of Physicians:
- Does the doctor have the skills and experience to treat your injuries? Work-related injuries and occupational illnesses run the gamut from broken bones and burns to traumatic brain injuries and cancer. Different injuries and conditions require different skills to treat, so you want to make sure your chosen doctor can treat your injury or illness. Take time to look at each doctor’s background so you can find the doctor best suited for your case. It may also be worthwhile to look at their reviews and see what other patients say.
- How comfortable is the doctor when it comes to determining a cause for your injuries? For you to claim any workers’ compensation benefits in Virginia, your doctor will need to indicate that your injuries were work-related as well as identify the specific injuries you’ve suffered. Not all doctors are comfortable with these cases, making them hesitant to support your claim for benefits. Try to find a doctor who is willing to give you the benefit of the doubt.
- Is the doctor willing to work with your workers’ compensation attorney? For you to reach the best possible outcome in your workers’ compensation case, your doctor and your lawyer may need to work closely. Your doctor will need to keep your lawyer apprised of your treatment, any work restrictions you may be subject to, and other elements of your case as it progresses. Not all doctors are comfortable dealing with lawyers, especially workers’ compensation attorneys, as they may not want to be dragged into litigation. Try to find a doctor willing to work closely with your lawyer.
How Can an Attorney Help Me Choose a Doctor from the Panel of Physicians?
It can easily be overwhelming if you’ve never been through the workers’ compensation claims process before. Suppose you’re in the hospital after suffering a severe injury. In that case, you likely don’t have the time or energy to thoroughly evaluate all the doctors on your employer’s Panel of Physicians.
That is where hiring an experienced workers’ compensation lawyer can make a big difference in your case and your recovery. While you focus on healing, your attorney can review the Panel of Physicians to find the right doctor for your situation. Your attorney may already know a doctor on the list and have worked with them in the past. Even if your lawyer does not know or recognize any names on your employer’s list, they can reach out to other lawyers in the area to look for recommendations.
Do Doctors Treat Workers’ Compensation Patients Differently?
Every doctor is different, so it’s hard to say whether all doctors treat workers’ compensation patients the same or different. Many doctors are hesitant to take on workers’ compensation patients because they don’t want to deal with the necessary paperwork or they don’t want to be dragged into litigation.
If possible, you want to find a doctor who has experience with workers’ compensation cases and is willing to work with you on your case. Your workers’ compensation attorney can help you find the best option for your situation.
Get Help from a Virginia Workers’ Compensation Lawyer Now
Do you have questions about finding the right doctor for your workers’ compensation case? Contact Marks and Harrison Personal Injury Lawyers today for a free initial consultation with a Virginia workers’ compensation lawyer.
