What Workers Should Know About Choosing Their Doctor Starting in 2028
Not only is it important to qualify for workers’ compensation benefits, but it is also crucial to get the right care from the proper doctor. The Lakewood workers’ compensation lawyers at The Frickey Law Firm can assist with all aspects of your benefits.
Governor Polis recently signed into law a measure that allows injured workers to have a much greater choice in selecting their doctor to treat a job-related injury. This law changes an aspect of Colorado statutes that are not necessarily in favor of workers, but it does not go into effect for several years. Until that point, you must select your doctor from a list provided by your employer.
To get legal help from an experienced Lakewood workers’ compensation attorney, schedule a free initial consultation with The Frickey Law Firm by calling us at 303-237-7373. You are already going through a difficult enough time without having to deal with the insurance company and the tactics they may use.
You Currently Have Limited Physician Choice in a Workers’ Compensation Claim
Although Colorado is generally known as a worker-friendly state, there is one key aspect of its laws that may favor employers. Under current Colorado law, you do not have the freedom to choose your own doctor when it comes to treating your job-related injury. Although it is several years into the future, this will change for Colorado workers. The Colorado Legislature has passed a key bill to make things easier for you to get the treatment you need from the doctor you want.
Presently, you have a limited amount of choice when it comes to finding a doctor to treat a job-related injury. You cannot use your own treating physician under many circumstances. However, with the right lawyer, this may be possible. The current process is that, once you notify your employer of your injury, they will provide you with a list of doctors. The law is that there must be at least four doctors on this list, and you can choose from among them. Who you choose matter. Once you make your choice, you can change doctors, but have to request the change within 90 days. There are also some distance requirements, meaning your employer cannot seek to send you to a doctor who is located too far from your home. The only way that you can currently choose your own doctor is if your employer does not provide you with this list within seven days of being notified of your injury. The current law takes away some degree of control from injured workers. If the employer and/or the insurance carrier do not comply with the list of providers, a skilled lawyer can get a change to a doctor that YOU choose.
You Will Have Greater Latitude to Select a Workers’ Comp Doctor in the Future
Colorado has been gradually changing laws to make it easier for injured employees to get medical care. The Legislature has taken a major step in this direction through its passage of House Bill 25-1300. Starting on January 1, 2028, Injured Workers will be able to choose from a much broader list of physicians. Instead of only having a choice among four doctors from a list provided by the employer, workers will be able to select any physician who is a Level I or Level II accredited physician. Your personal physician could very well be on this list if they meet the required criteria.
For injured employees, this represents a welcome change, giving them more choices when it comes to selecting a treating physician. The business community has opposed this bill, claiming that it would lead to greater delays in employees obtaining the care that they need, leading to missing more time from work. However, the real root of business opposition may be the fact that they are afraid when an employee gains more control over their own situation. They may not be able to work with doctors who are as friendly to their interests.
Under the future law, an employee only has seven days from the time that they notify their employer of the injury to select a physician. If they fail to do so, the employer would be able to designate a treating physician on behalf of the employee.
The new law also lengthens the amount of time that you have to change physicians and their workers’ compensation case. Currently, you are free to change physicians within 90 days of the beginning of your treatment. After that point, it can become much more difficult. You have 120 days from the start of your treatment to select a different doctor if you choose.
Governor Polis has also directed a working group to consider further changes to Colorado workers’ compensation laws in the coming legislative year. A Lakewood workers’ compensation lawyer will know the recent law and how it affects your claim.
Contact a Lakewood Workers’ Compensation Law Firm
If you have been injured on the job, speak to a Lakewood workers’ compensation attorney at The Frickey Law Firm for help with any aspect of your claim. Fight back against unfair practices of the insurance carrier! We can fight for your right to receive benefits, negotiate a settlement on your behalf, or help you deal with any other matters, such as medical care. You can schedule a free initial consultation with the Lakewood workers’ compensation attorney by messaging us online or by calling us today at 303-237-7373. Get the money you are entitled to, Lawyer up!
Adam M. McClure was recently selected for membership in “The National Trial Lawyers: Top 40 Under 40” organization, making him one of only 40 Colorado lawyers to be awarded this honor. Mr. McClure is an exceptional litigator. He has been a key member of The Frickey Law Firm since 2003. Learn more here.