Can I Change Doctors in a Workers’ Comp Case?

Even if your workers’ compensation benefits have been approved, you may still experience issues relating to your medical care and ongoing claim. The Colorado workers’ compensation attorneys at the Frickey Law Firm can advocate for you.

The law allows you to change doctors, although it is subject to limitations. Your employer still has some power over your care, such as directing you to a doctor from their list and approving requests to change physicians after a certain period of time. If you do not get the result you want, you can always file an application for hearing to change doctors. Also, if the employer did not follow very specific rules after your injury, the right to select a new doctor may have passed to you.

When you need a workers’ compensation lawyer to help you navigate the complex system, speak to the Frickey Law Firm. A workers’ compensation lawyer can speak to you during a free initial consultation and go over your options with you.

You Cannot Change Doctors at Any Time to Any Physician

In Colorado, you do not have an unfettered right to choose any physician you want to treat your work-related injury. Once you report your injury to your employer, they would provide you with a list of four approved doctors from which you can choose one. Hopefully, that doctor provides you with the medical care that you need, and you are pleased with their service. However, not everyone is happy with their treating physician for whatever reason. In Colorado, it is possible to change physicians in the middle of a workers’ compensation claim, subject to following certain procedures. You may even request a new doctor at any point during your treatment, although approval may not be automatic. If the insurance carrier or the employer fail to follow specific rules after your injury, the right to select a doctor passes to the injured work and the injured worker can choose their doctor. 

You Can Still Make a Request to Change Physicians

Colorado laws allow you to make a one-time request to change your physician. You would need to seek a new doctor within 90 days of your work-related injury and before you reach the point of maximum medical improvement. All you would have to do is provide your employer notice by mailing or hand-delivering to them the form WC3, informing them of your desire to switch physicians. Still, you do not have an unlimited right to seek a new doctor. Again, the new physician that you would choose would be one from the list that your employer has provided to you. If not list was provided to you or the list was not provided by the insurance carrier timely, the right to select a doctor passing to the injured worker.

There are other requests for changes to your doctor that your employer would need to approve before you can switch physicians. If a request to change a doctors goes ignored by the carrier the right to select a new doctor may pass to the injured worker.  After 90 days, you can still try to change doctors. The insurance carrier has twenty days from the time that they receive your request to approve or deny it. If you do not hear back from your employer within this time period, your request to change doctors is automatically approved, and you do not need to do anything else. 

While your employer has the right to direct your medical care by providing you with a list of doctors, you can always seek to have your own physician, or someone else of your choosing, treat you. Again, you would need to file a specific request with your employer, and they would have twenty days to approve or deny it. You can file a request to change to a doctor not on your employer’s list at any time, although you can expect that your employer may not approve. After all, there is a reason why it makes sense for them to try to steer you to certain providers. 

You Can Appeal When Your Employer Denies Your Request

Your employer does not necessarily get the final say if they have denied your request to change doctors. Like any other adverse decision in the Colorado workers’ compensation system, you have the right to file an appeal. You would file a request for a hearing with the Office of Administrative Courts, and a judge would ultimately decide whether you are able to change doctors. You made the request to switch physicians for a reason, so you should hire a workers’ compensation attorney to represent you in the legal process.. If your case goes all the way to a hearing, they would present your position and evidence to an administrative law judge to make the strongest possible case for you to obtain a new medical provider.

Contact a Colorado Workers’ Compensation Law Firm Today

When you need an experienced workers’ compensation lawyer in Colorado on your side, reach out to the experienced professionals at the Frickey Law Firm today. You can schedule a non-cost case review with one of our workers’ compensation attorneys by calling us today at 303-237-7373 or by sending us a message through our website.