You were hurt at work. You may have been rushed to the hospital or gone to see your family doctor. But once workers’ compensation started paying your bills, you may have been surprised to learn that you can no longer select your own doctors. Instead, the insurance company gets to choose them for you! While it all seems rather backwards, you do not get to decide who you receive treatment from in a workers’ compensation claim if the insurance company is paying for your care. Of course, there are some exceptions to this general rule. We recommended you consult with an attorney about when you should and should not see your own doctors.
However frustrating this may be, this is not just standard practice, it is statutory law in NC. Defendants want you to return to work as soon as possible and this is often reflected in their choice of physicians. Workers’ comp will want to find, and even “shop for” the most conservative doctor that will attest to your recovery and improvement, perhaps before you are really ready to return to work. You may even feel you need more care and the doctor releases you. What can you do? What are your rights? We suggest you speak to a Board Certified expert in the matter.
Many injured workers would rather ignore this directed care and simply pay to see their own choice of doctors. While this may seem logical and like a good plan, it may harm your case. Firstly, unauthorized treatment is not paid for by workers’ compensation. A common misconception is that you should go ahead and use health insurance, Medicare, or Medicaid to pay for the treatment you wish to receive. However, your health insurance, Medicare, or Medicaid may very well have a lien on your settlement that you will owe back. You will likely owe these healthcare companies back money from the proceeds or your settlement! It may not be worth losing the money you are owed in the end, but at times, you may strategically need to seek your own care to protect your medical health. It is a complex and complicated matter when you should and should not seek your own care. The good news is you do not have to navigate this alone. Attorney Maggie Shankle is a North Carolina Super Lawyer and has been practicing in worker’s compensation for over 25 years. She knows how to advocate for you to get the best care possible even with defendants’ choice of doctors.
An expert attorney can also help you be seen by a new physician if that becomes necessary. The North Carolina Industrial Commission allows injured workers to seek a second opinion in certain situation. The attorney may need to file a motion or place your claim into active litigation. In most instances, a well-established attorney can ensure you are seen by a doctor who will take your pain seriously!
We would encourage you to contact us to schedule a free consultation with Attorney/Owner, Maggie Shankle. At Shankle Law Firm, we can help educate you on your rights, as well as other components surrounding your injury and treatment.