This article is made available for educational functions only, to offer you normal info and a basic understanding of the law, not to present specific legal advice. This shouldn't be used as a substitute for competent authorized advice from a licensed professional attorney.
Who can I select as my doctor below the Protection Base Act?
It is a question I'm not asked frequently enough. The reply is simple - you'll be able to choose any qualified doctor underneath the sun to deal with your injuries. That could be a flexibility not offered under most state staff' Brooklyn Workers Compensation Doctors
systems. For example, in the State of Georgia, the place our office is situated, you would solely have a alternative from a listing of doctors your employer posts at your work place. Under the Protection Base Act, relying on the type of injury you suffered, if the physician you choose is a licensed surgeon, podiatrist, dentist, scientific psychologist, optometrist, osteopath, or chiropractor, then you have got made a valid initial alternative of physician.
The reason why I'm not asked this query very often, is that the majority injured contractors only contact an attorney AFTER something has gone fallacious with their case, like that their benefits are stopped or reduced or a medical process is denied or delayed. One reason why that is unlucky is that while you have superb flexibility in choosing an initial physician, those self same guidelines restrict your skill to change doctors.
If your first alternative of physician refers you to another specialist, as an example a household physician who refers you to a orthopedic specialist for a back problem, the insurance coverage firm must honor that referral. Also, in case your doctor retires, you may choose a new one.
However, outside of those conditions, you're pretty much stuck with your first choice. As soon as a claimant has made his preliminary, "free choice" of a physicians, he may change physicians solely upon obtaining prior written approval of the employer, insurer, or the Department of Labor. It's probably that if you don't like your physician or what he is telling you, the insurance firm in all probability loves him.
One scenario we now have run into just lately, is where the insurance firm actually recommends a doctor to the injured employee. Typically this is completed by the insurance company's "Nurse Case Manager." A Nurse Case Manager usually just ends up being a spy for the insurance company. He or she will probably be assigned to your case and theoretically their job is to facilitate your medical treatment. They might even convince you to allow them to come to your doctor's visits and speak privately along with your doctor. Nevertheless, regardless of how nice a human being they seem like, they're at first an worker of the insurance company. Their paycheck comes from the same place as your weekly check and your medical expenses. Their interests are not necessarily according to yours.
In a latest case, the Nurse Case Manager mentioned this "nice" doctor they okaynew whose office was nearby to our client. Little did he know that this physician is one of the "go-to" doctors one major insurer sends claimants to for "impartial" medical evaluations once they search to challenge a claimant's case. To our industry, this conversation is the equivalent of providing to sell you some beachfront property in Nevada.
They managed to idiot the unsuspecting injured contractor into picking this doctor as his one free selection of doctors. You may guess how nicely that has labored out for him. He had no clue of this doctor's repute and had no clue he possible couldn't change docs with out the insurance coverage company agreeing. Whilst you have a wealth of options available to you upon your return to the United States or your property nation, while you pick your doctor please perform some research, speak to associates, or make some calls. Do not just pick them out of the phone book and double check anyone the insurance firm recommends.