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When you’re injured on the job in Florida, your choice of doctor can significantly impact your recovery and your workers’ compensation claim. This, for many other reasons, makes understanding how choosing a workers’ compensation doctor in Volusia County works and what options you have absolutely vital. In this article, we’ll break down…
Florida workers’ compensation law has evolved over time, and at one point, insurance carriers commonly established managed care arrangements, which listed approved doctors and hospitals. Today, however, things are different. While formal networks are less common, insurance companies and employers still have the right to choose the initial treating physician for an injured worker.
In practice, this means:
This system can be frustrating for workers who feel that their treatment options are limited or not ideal.
It’s not uncommon for workers’ compensation doctors to be conservative in their approach, meaning they may be less likely to recommend aggressive treatments, like surgery. While this isn’t necessarily a bad thing, some workers may feel that their doctor is more aligned with the insurance company’s interests rather than the patient’s well-being.
Here are some signs that your doctor may be biased:
In these cases, it’s important to be aware that you have options. If you feel that the doctor isn’t treating you fairly, you can request a one-time change of treating physician or even seek an independent medical examination (IME).
Under Florida law, you do have the right to request a one-time change of treating physician. Additionally, you can seek an independent medical examiner to provide a second opinion on your injury, provided the doctor has not previously treated you for the same injury.
Know that a one-time change allows you to switch to a new doctor, but once you make that choice, you can’t go back to your previous provider. An independent medical examiner can be requested to assess the severity of your injury, and their findings are admissible in court.
While these options provide a second opinion, it’s important to weigh the consequences carefully, especially if it means cutting ties with your current doctor.
If you’re dissatisfied with the care you’re receiving, there are a few options available. You can:
These steps can help ensure you’re receiving the best possible care, even if the workers’ compensation system feels limited in terms of available doctors.
The most important thing you can do during your medical appointments is to be honest and transparent with your doctor about your symptoms. Inconsistent information can damage your credibility and weaken your case. By being upfront and detailed about your condition, you help ensure that the doctor’s report accurately reflects the true extent of your injury.
When documenting your appointments, make sure to clearly explain all of your symptoms, even if they seem minor. Be sure to mention any changes in your condition since your last visit. If your doctor prescribes any treatments or therapies, confirm that these are recorded correctly in your medical records. Thorough and accurate documentation not only supports your recovery but also strengthens your workers’ compensation claim.
Unfortunately, this is a common issue in workers’ compensation cases. When I encounter a doctor who seems overly biased in favor of the insurance company, I immediately request a one-time change of treating physician or arrange for an independent medical examination to provide a fresh perspective on the case. Challenging these unfair or biased opinions can often correct the course of treatment and better protect our clients’ interests.
Some doctors develop a reputation for being more plaintiff-oriented, which can lead to situations where both the insurance carrier and judges are aware of their tendencies. It’s often the case that if you were to take the witness lists of both sides in a case and present them to a judge without names, the judge could immediately identify who is likely representing which side based on the doctors’ reputations.
While this isn’t ideal, it’s part of the reality of the workers’ compensation system. Understanding this dynamic helps us better navigate the legal process and advocate for injured workers.
For more information on choosing a workers’ compensation doctor in Volusia County, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 359-8016 today.