Model Law: A Blog About Legal Issues

Workers Comp: What You Should Know About The Examination

24 February 2016 by Susanna Phillips

When you get injured in the workplace, you first need to see a doctor that has been approved by the workers' compensation insurance policy. This involves an independent examination by the doctor to determine the severity of your condition. Here are some things to know about this examination.

It Has to Be Done By An Approved Physician

In most cases, you will not be able to get the examination from your own doctor. There are certain doctors that are approved by the workers' compensation insurance company. It is important that you inform your employer and the human resources department of your injury as soon as it happens. This allows you to see their doctor and have the examination done promptly. The sooner you can get the visit done, the sooner you will be able to file your claim.

You Don't Pay For the Examination

When you are asked to complete a workers' compensation examination, it should be paid for beforehand. You should not have to pay for any part of the visit, including no co-pays or deductibles. The doctor's appointment is prepaid either by the insurance company or your employer. If you arrive for your appointment and they request payment, inform your employer and reschedule the appointment. You might also want to let the medical office front staff know this is a workers' comp examination, as this might help them understand you are not supposed to pay for the visit.

The Employer Must Inform You Of the Exam Beforehand

Many states also require the employer to give you written notice of the exam beforehand, instead of arriving to work and being told to go straight to the doctor. There should be a notice sent to you that requests the examination, offering information about the date and time of the appointment. It should include the type of doctor you are seeing, such as a chiropractor, psychologist, or physician. You should also have the right to bring your own physician to this appointment to oversee the examination and diagnosis. You also have a right to copies of the documents written by the doctor following the exam.

This is Not the Last Say in Your Case

If the doctor you see does not believe your injury is serious enough for workers' compensation benefits, ask to see a different doctor. Your employer should allow you to get a second opinion from another approved workers' com physician or specialist. If the second physician still states your injury is not severe enough, speak to an attorney about your next steps.

www.randosolicitors.com.au

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