Can I Choose My Own Doctor in a Fort Lauderdale Workers’ Compensation Claim?

You got hurt on the job in Fort Lauderdale, and the first thing your employer tells you is where to go for treatment. Maybe it is a clinic you have never heard of, or a doctor who works closely with the insurance company.

If you’re wondering whether you have any say in who actually treats you, the short answer is yes. Our experienced Fort Lauderdale workers’ compensation lawyer explains how the authorized physician system works and the options available.

How Florida Workers’ Comp Controls Your Medical Care

On-the-job injuries in Fort Lauderdale can happen in any occupation. While workers’ compensation benefits cover your medical care, Section 440.13 of the Florida Statutes allows insurers to select your treating physician.

That means the doctor treating your injury is chosen by the same company that has a financial interest in keeping your claim costs low. Here is what that looks like in practice and the options available:

• Your employer or their insurer selects your initial authorized treating physician.
• You have a one-time right to request a change of physician and switch to a different authorized provider.
• If your authorized physician refers you to a specialist, that referral must typically be approved by the insurer.
• Seeking treatment from a doctor outside the authorized network, without approval, generally means paying for that care yourself, and it may not be used to support your workers’ comp claim.
• Emergency treatment is an exception. If your injury requires immediate emergency care, you can seek treatment anywhere, and workers’ comp is required to cover it.

The one-time change of physician is a meaningful right, but it still keeps you within the insurer’s system. It is not the same as choosing any doctor you want.

When and How To Push Back on Your Medical Care in a Florida Workers’ Comp Claim

Accepting the authorized physician without question is not always your best move. If your doctor is minimizing your symptoms, refusing to order necessary testing, or pushing you back to work before you are ready, your medical care is directly affecting the value of your claim. Here is what you can actually do about it:

• Exercise your one-time physician change.
• Request an Independent Medical Examination through the Florida Division of Workers’ Compensation.
• Document all visits with your authorized physician and any problems with your medical care.
• Ask your own primary care physician or a specialist you trust to evaluate your injury.

The authorized physician’s opinion carries significant weight in your claim. To challenge it, get professional legal help right away.

Consult Our Experienced Fort Lauderdale Workers’ Compensation Lawyer Today

Authorized physicians are selected by workers’ compensation insurers, who have a vested interest in denying or disputing your claim. Our experienced Fort Lauderdale workers’ compensation lawyer can challenge their opinions and help you get the benefit you deserve.

To find out what your options are, contact the Law Offices of David M. Benenfeld, P.A. Request a consultation at our Sunrise, Fort Lauderdale, or West Palm Beach office today.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.13.html

myfloridacfo.com/division/wc/employee/frequently-asked-questions