When you suffer an injury on the job in North Carolina, from a manufacturing injury in Hickory to a delivery driving accident in Gastonia, there are few things more frustrating than having to deal with a doctor who appears dismissive. It might feel like this doctor is working for your employer or their insurance company and not for you. Many people wonder, “Can you choose your own doctor in a workers’ comp case in North Carolina?”
Employers vs Employees: Who Gets to Choose a Doctor in an NC Works’ Case?
According to a recent study put out by OSHA, worker illnesses and injuries happen at a rate of 2.4 per 100 employees across the U.S. 90% of all reports recorded by OSHA in a single year are for workplace injuries, and a U.S. employee dies every 104 minutes due to a workplace injury.
In North Carolina, your employer holds the right to choose the doctor who will treat you when you file for workers’ compensation. Certain employers might have a doctor on staff, and if your employer does, then you may be directed to this individual for care and treatment following your injury. However, even in cases where there is not a doctor on site, your employer still has the right to tell you where you can go for job-injury treatment. If you have questions about your medical treatment rights, a Hickory Workers’ Compensation Lawyer can help you understand your options and protect your interests throughout the claims process.
Your employer might choose a designated medical office, while other companies let their workers’ compensation insurance company choose for them. In either situation, seeing your own personal doctor when you have not been permitted to do so could lead to a loss of any potential workers’ compensation benefits.
While your employer or their insurance company holds the right to select a doctor for your workers’ compensation claim, there are certain instances where you may be able to select your own doctor. These scenarios include:
- Your employer does not have a doctor on site, or they do not have a chosen health care provider for you to see.
- Your employer ignores your illness or injury report, or they refuse to offer you the required information about their designated healthcare provider.
- Your employer had not correctly gone about instructing you to see their on-site doctor or a designated healthcare provider of their choosing.
- Seeing your employer’s chosen healthcare provider is not appropriate to the severity of your injury, such as in the case where you need emergency treatment.
- You obtain permission from your employer or from the North Carolina Industrial Commission to seek a second opinion from a doctor you’ve chosen.
If you see a doctor who is not approved by either your employer or your insurance company, it could make you ineligible to receive benefits. If it is possible, it is actually wise to speak with an attorney who can protect you before you seek any further medical treatment.
What if I Don’t Trust My Workers’ Compensation Doctor?
It is a common feeling amongst injured workers to not trust the doctor their employer or their employer’s insurance company has chosen. If you are beginning to question the quality of care you are receiving, it is smart to trust that instinct. If you have reason to not trust your workers’ compensation doctor, here are a number of things you can do:
- Hire an attorney; you do not have to deal with this on your own.
- Keep detailed notes after every single visit, including records of what was said, what was not examined, and whether your concerns were listened to or brushed aside.
- Document any red flags, such as when a doctor minimizes your pain, refuses to order imaging, or pressures you into returning to work before you feel ready or fully healed.
- Do not stop attending your appointments, as failing to follow your treatment program before you have officially changed doctors can actually harm your case.
- Do not go and speak with your own doctor before you have gone through the proper legal steps.
- Do not take any kind of action that could inadvertently harm your case without first speaking with a workers’ compensation attorney.
FAQs
What Mistakes Should I Avoid in a Workers’ Compensation Case?
In a workers’ compensation case, there are several mistakes that you should try to avoid. First, you need to report the injury to your employer in a timely manner. If you fail to do so, then you will likely lose out on your chances of damage recovery. Likewise, do not post anything about your accident or injury to social media, and do not skip doctor appointments.
What Are the Most Common Workplace Injuries?
In North Carolina, the most common workplace injuries can include injuries due to overexertion, such as muscle sprains and strains or tears in either the ligaments or tendons. You might also suffer broken bones and fractures, hearing or vision loss, internal injuries, spinal cord injuries, traumatic brain injuries, and certain work-related illnesses or diseases.
What Damages Can I Recover Through Workers’ Compensation?
Through a workers’ compensation claim, there are a number of damages you may be able to recover based on the nature and severity of your injury. For example, you can likely recover all related financial losses, including medical bills such as emergency room visits, doctor’s appointments, medications, treatments, and surgeries.
Can I Seek a Second Opinion in a Workers’ Comp Claim?
There is always a chance you may be able to seek a second opinion in your workers’ compensation claim. The truth is that the first opinion you get might not always tell the full story, especially if the doctor is working with the insurance company. A second opinion might be valuable because certain professionals may be able to offer more in-depth insight.
Hire a Workers’ Compensation Lawyer Today
When you suffer an on-the-job injury in Burke, Catawba, or Caldwell counties, your recovery matters. If you feel like your employer’s designated lawyer is overlooking your claim, rushing your healing process, or dismissing your condition, you still have rights.
Don’t let your employer or their insurance company place your care into the hands you can’t trust. Instead, hire a workers’ compensation lawyer today. Contact Law Office of Lyndon R. Helton, PLLC, and schedule a consultation with our team.
