In Florida, your employer’s workers’ comp insurance carrier has the right to designate the doctor who will provide treatment for a work injury.
It’s crucial to note that injured workers may only request a change in workers’ comp doctors once during their claim. This change request should be used judiciously, such as in the case of changing specialist doctors if your injury is severe or complex.
The diagnosis and treatment from a workers’ comp doctor are critical components of a successful workers’ compensation claim as an accurate diagnosis and complete treatment plan can make a huge difference in your recovery. The fact that a workers’ compensation insurance company is compensating a doctor for their services implies a potential conflict of interest when evaluating a work-related injury.
If you are unsatisfied with the doctor assigned to your case, or your request for a new doctor is denied, a Tampa workers’ comp attorney from Berlin Law Firm can help you get the medical services you need to support your Florida workers’ compensation claim. Call today for a free consultation.
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What Are the Differences Between Employer-Selected and Independent Doctors?
In Florida workers’ compensation cases, doctors are chosen by the employer’s insurance provider and are responsible for diagnosing, treating, and determining work restrictions for injured employees.
These doctors may have a financial relationship with the insurer, which can create a conflict of interest, potentially leading to treatment decisions prioritizing cost savings over comprehensive care. While their medical opinions carry significant weight in determining benefits, workers must generally follow their prescribed treatment plans unless they successfully request a change.
Independent doctors, on the other hand, are typically chosen by the injured worker in specific situations, such as a one-time change request or an Independent Medical Examination (IME), to dispute a diagnosis or treatment plan.
Unlike employer-selected doctors, independent physicians do not have direct ties to the insurance company, making them more likely to provide an unbiased medical evaluation. However, workers may have to cover the cost of an IME unless it is ordered as part of a legal dispute.
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Do Florida Workers’ Compensation Laws Allow Injured Workers to Change Doctors?
As noted above, you can change doctors in a Florida workers’ compensation case by submitting a formal written request to the workers’ compensation insurance company. Under Florida Statute § 440.13(2)(f), you are entitled to a one-time change of doctor, but the insurer will still select the new physician.
The insurance company has five days to approve and assign a new doctor; if they fail to respond within this timeframe, you have the right to choose your own doctor at their expense.
An injured worker who takes advantage of this opportunity should remember that this is a one-time opportunity that precludes returning to the original doctor, even if the worker does not like the replacement.
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Learn the types of compensation you may be eligible for and have your questions answered. Call today.
Why Would an Injured Worker Request a Different Worker’s Comp Doctor?
Trust is a key component of every doctor-patient relationship. An injured worker who does not trust the workers’ comp doctor assigned to their case will naturally want to see a more trusted provider.
Other common reasons for requesting a different workers’ comp doctor include:
- The doctor is not addressing the worker’s concerns or answering their questions in a straightforward manner.
- The worker perceives that the doctor’s treatment plan is inadequate.
- The doctor fails to account for the worker’s complaints about pain.
- The worker senses that the doctor is prejudiced in favor of the workers’ comp insurer and is not an effective advocate for the worker’s health and wellbeing.
- The doctor is unable or unwilling to treat the worker’s injuries in a timely manner.
What To Do If Your Request Was Denied
If your request for a new doctor in a Florida workers’ compensation case is denied, you have the right to appeal the decision through the Florida Division of Workers’ Compensation (DWC) or pursue legal action.
The first step is to request a formal explanation from the insurance company, as they must provide a reason for the denial. If their refusal violates Florida Statute § 440.13(2)(f)—such as failing to assign a new doctor within five days—you may be able to argue for your right to choose your own physician.
To appeal the decision, you can file a Petition for Benefits (PFB) with the Judge of Compensation Claims (JCC), outlining why the denial was improper. This legal process may involve hearings and medical evidence to support your case.
Our Tampa workers’ compensation attorneys can help you navigate the appeal, ensuring your rights are protected and you receive the appropriate medical treatment for your injury.
Schedule a Free Consultation with Berlin Law Firm
If you have questions or concerns about the workers’ comp doctor that your employer’s insurance company assigned to your case, please call our Tampa offices for a free consultation. We can answer your questions about how you can receive the comprehensive medical services you need to treat your on-the-job injury.
Discuss Your Work Injury Claim for Free
Learn the types of compensation you may be eligible for and have your questions answered. Call today.
