Find A Lawyer Legal Articles Attorney Login

Can I Choose My Own Doctor for Workers’ Comp in Bronx, NY?

Offered by Pasternack, Tilker, Ziegler, Walsh, Stanton & Romano LLP

A Bronx workers’ comp attorney can protect your right to financial benefits

When you suffer a work-related injury, selecting the right doctor for workers’ comp can significantly impact your recovery and the benefits you receive. If you’re in Bronx, NY, you may be wondering if you have the freedom to choose your own physician. 

The good news is that, in most cases, New York law allows you to choose your doctor for workers’ compensation claims. However, there are specific guidelines you need to follow, and knowing them can help you make informed decisions about your medical care and workers’ comp claim.

When pursuing a claim, it’s best to seek guidance from an experienced Bronx workers’ compensation lawyer who understands the law. Schedule a free consultation to begin protecting your rights. 

Do I have the right to choose my own workers’ comp doctor?

In New York, you generally have the right to choose your own doctor for workers’ comp. However, there is one key condition: the doctor must be authorized by the New York State Workers’ Compensation Board (WCB).

The WCB maintains a list of authorized medical providers who can treat work-related injuries. This means that while you can select a doctor who you trust, they must be recognized and approved by the WCB to ensure your treatment is covered under workers’ compensation. 

How can I verify if a doctor is authorized for workers’ comp?

To verify that your chosen doctor is authorized to treat workers’ comp patients, you can easily search the WCB’s online directory of approved healthcare providers. This directory is publicly available on the New York State WCB website, and it allows you to search for authorized doctors by name, location, and specialty.

Once you find a doctor who is authorized by the WCB, you can schedule an appointment for your workers’ comp injury. If the doctor you prefer is not listed, you’ll need to find another doctor who is authorized. Receiving care from a non-authorized provider could complicate your workers’ compensation benefits and reimbursement.

Does my employer or their insurance company choose my doctor?

Your employer or their workers’ compensation insurance company doesn’t have the right to dictate which doctor you must see. Unlike some other states, New York law doesn’t require employees to choose from a list of preferred medical providers set by the employer’s insurance company. 

This means that as long as the doctor is authorized by the WCB, you are free to select your own healthcare provider. The flexibility to choose your own doctor offers you the ability to pick someone you are comfortable with and who understands your unique medical needs.

Can I change doctors during my workers’ comp case?

You’re allowed to change doctors during your workers’ comp case, as long as the new doctor is also authorized by the WCB. There are several reasons why you might want to switch doctors. You may feel that your initial doctor isn’t addressing your concerns properly, or you might want to seek specialized care for your injury.

If you decide to change doctors, it’s important to notify your workers’ comp insurance carrier and provide the necessary documentation. Keep in mind that switching doctors may result in delays or complications with your treatment plan, so take the time to weigh your options carefully before making the change.

What happens if the insurance company requests a second opinion?

While you have the right to choose your doctor for workers’ comp, your employer’s insurance company also has the right to request a second opinion. This typically happens if there are questions about the severity of your injury, the proposed treatment plan, or whether your condition is truly related to your work.

The insurance company’s doctor, who must also be authorized by the WCB, will conduct an independent medical exam to assess your injury. This second opinion may either confirm your chosen doctor’s findings or challenge them. 

If the second opinion conflicts with your doctor’s diagnosis or treatment plan, it could lead to disputes in your workers’ comp case. This can potentially require mediation or hearings before the WCB.

How do I pick the right doctor for workers’ comp?

Choosing the right doctor for workers’ comp is an important decision. Since workers’ compensation claims often require extensive documentation of your injury and ongoing treatment, it’s important to select a doctor who is experienced in handling workers’ comp cases and understands the requirements of the New York Workers’ Compensation system.

When selecting a doctor, consider these factors:

  • Specialization: Depending on your injury, you may need a specialist. For example, if you have a back injury, a doctor specializing in orthopedics might be your best choice.
  • Experience with workers’ comp: Not all doctors are familiar with the paperwork and legal obligations involved in workers’ comp cases. Make sure your chosen doctor understands these aspects so that your claim proceeds smoothly.
  • Communication skills: Workers’ comp cases often require your doctor to communicate effectively with your employer’s insurance company and possibly testify in your case.

What if my workers’ comp claim is disputed?

In some cases, your workers’ compensation claim may be disputed by your employer or their insurance company. If this happens, the medical documentation provided by your chosen doctor can play a key role in resolving the dispute. Your doctor’s reports, diagnosis, and treatment plan will serve as evidence when the WCB evaluates your case.

If a dispute arises, and you feel your doctor hasn’t provided adequate documentation or support, you may want to seek legal advice. A workers’ comp attorney can help guide you through the process of gathering additional medical evidence and preparing for any hearings or legal proceedings.

Can I choose my own doctor if my employer offers managed care?

New York employers have the option of participating in a managed care program for workers’ comp, which may offer incentives for employees to see specific doctors. However, even if your employer has a managed care plan, you still have the right to choose your doctor.

Employers may encourage you to see doctors within their managed care network, but you are not legally obligated to do so. Be sure to review your rights and weigh your options carefully when selecting your healthcare provider.

Let a Bronx workers’ comp attorney handle the legal challenges while you focus on recovery

Pursuing a workers’ compensation claim in New York can be overwhelming, especially when you’re facing medical expenses and you’re unable to attend work and earn a paycheck. When disputes arise or if you’re struggling to get the right medical treatment, a skilled Bronx workers’ comp attorney can step in to protect your rights.  

They are experienced in negotiating with insurance companies to secure the fair compensation you deserve. If your claim is denied or you receive an inadequate offer, your lawyer will advocate on your behalf. 

Most New York workers’ comp attorneys offer free consultations and work on a contingency fee basis, meaning you don’t pay anything unless they win your case. To take the first step toward resolving your case and getting the compensation you deserve, contact a Bronx attorney to set up your free initial consultation.

Workers’ Compensation Assistance
Pasternack, Tilker, Ziegler, Walsh, Stanton & Romano LLP
Power Profile
About

For over 90 years, Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP has been fighting for injured New Yorkers in workers’ compensation and personal injury matters. We’ve reco...