As we’ve talked about on the blog in the past, you are allowed to choose your treating physician after a work injury. Your employer may try to push you towards a care provider that has a history of favorable rulings towards the employer, so it’s important to remember that you have final say in who you see for care. However, once you’ve established a primary care physician, can you switch doctors, or are you stuck with your original choice? In today’s blog, we explain the process of switching primary care physicians during your workers’ compensation case in Minnesota.
Switching Doctors During A Minnesota Workers’ Compensation Case
It is much easier to switch doctors before you establish care with a provider during your workers’ compensation case. Under Minnesota law, you are considered to have established a treating physician once you have seen the doctor two times for treatment of a workers’ compensation-related injury. If you haven’t yet been treated by a doctor or you’ve only seen them for treatment once, you have yet to establish a treating physician in the eyes of the law, and you can switch to a different doctor without any issue.
Once you’ve established a treating physician, it takes a little more legwork to switch physicians, but it can be done. Your next steps will depend on how many days have passed since your first treatment with that physician. If it’s been:
60 Days Or Less – You have the right to change physicians without the need for approval from your employer’s workers’ compensation insurer. You can freely change physicians within 60 days of initial treatment the same as if you had yet to establish a treating physician.
More Than 60 Days – You will need to obtain approval from your employer’s workers’ compensation insurance provider in order to switch physicians. If they will not allow you to switch, you can still legally change doctors if you can show a loss of faith in the physician’s skill, a lack of improvement in condition, or a breakdown in communication. You can also switch physicians if your treating doctor refers you to another provider.
As you can see, it gets a little harder to switch physicians during your workers’ compensation case after 60 days have passed since your first treatment with that doctor, so make sure to settle on a provider within that 60-day window. It’s oftentimes recommended that injured patients reach out to their normal primary care provider to see if they can perform an independent medical exam and provide treatment for their work-related injuries.
If your primary care physician cannot provide care or does not have experience with assessing and treating work-related injuries, you can ask them for a referral to a provider that is a better fit, or you can ask your workers’ compensation lawyer for a referral. We’ve worked with a number of wonderful doctors over the years, and we’d be happy to connect you with a provider that we have absolute faith in.
For more information about switching doctors during your injury case, or if you want to connect with a firm that can help you earn the compensation you deserve, reach out to the team at Hey Workers today at (844) 439-9675.
