Medical Treatment Rights

I receive many calls from union members regarding their rights to medical treatment after a work-related injury.  Often I hear that an employer has told our member that he or she must go to the “company doctor” for treatment following an injury. There is no “company doctor” under workers’ compensation law, and you cannot be told to go to one.  An employer is allowed to post a panel of health care providers, which must contain at least six choices. If they have done this, you have the right to choose from one of the doctors listed. However, if they do not provide a posted panel you can choose to go to your own doctor. Even if an employer has a panel you only have to treat with one of the listed doctors for 90 days. If the insurance company denies coverage for an accident or injury you can go to your own doctor even if your employer has a panel listed. 

I also receive many questions on how a workers’ compensation insurance company can end your rights to receive payments for your injury. One way is by settlement, called a “compromise and release”. You may receive payments for many months or even years if you are disabled from a work injury.  The insurance company may contact you about a lump sum payment in an effort to close your case. There are many factors that should be considered in determining whether a settlement is a good idea for your particular case and those factors will affect how much the insurance company should pay. Some of the factors to consider include whether you have recovered from your injury, whether you will need future treatment, your ability to work at other jobs, your age and your education. There is no requirement that your case ever be settled. However if you are ever contacted about settlement or are interested in exploring whether settlement may be a good idea in your case, you should be sure to consult with a lawyer before taking further action.