Exceptions To the 90 Days Rule Your Workers Comp Lawyer May Not Tell You
If your injury is work-related, the law workers compensation law gives your employer control over your medical treatment. If the employer posts a list with at least 6 health care providers, you must treat with one of those health care providers for 90 days. However there are important exceptions to this rule that your workers comp lawyer may not tell you. For instance, there has to be a list of at least six providers, there could be more than six but not less than six. So, if there is less than six providers listed the list is invalid and you may treat with any health care providers you wish.
Your workers comp lawyer should tell you that Title 34 – LABOR AND INDUSTRY, Section Subchapter D; states if there is a list posted you may treat with any designated provider on the list. That means you don’t have to treat with the “company doctor”. There is no such thing as a “company doctor” under workers compensation. Any and all doctors or health care providers on the list is acceptable.
If your employer insists that you see a certain doctor or health care provider on the list and you do not want to see that doctor you can report this Workers’ Compensation Law violation to the Department of Labor’s Bureau of Workers’ Compensation Compliance Hotline. The telephone number is 717-783-5421. If there is no posted list, you can go to any doctor or health care provider you choose.
Workers Comp Lawyer Should Tell You About The Rules For The Location And Specialty Of Panel Doctors
Additionally, the providers must be geographically accessible and their medical specialty must be posted on the list. The list must be posted in a prominent place at a readily accessible work location. If the list is not posted in a prominent place at work then the list is not valid and may have your injury treated by any doctor or healthcare provider. This is information a workers comp lawyer usually does not provide. There Is More. . .
DID YOU ALSO KNOW… YOU HAVE MORE FREEDOM OF CHOICE IF… Your injury or illness requires the services of a specialist and such a specialist is not on the list. The Pennsylvania Supreme Court’s decision in Martin Vs. Worker’s Compensation Appeal Board allows you to seek treatment from such a specialist even if his or her name is not on the list!
The Martin decision was specifically about obtaining treatment from a specialist, a doctor of chiropractic, but the decision applies to all specialists.
This decision may apply to special diagnostic and rehabilitation equipment. If there is specialized diagnostic or rehabilitation equipment that you need for your recovery and the panel doctor that you are treating with does not have that diagnostic or rehabilitation equipment it would be reasonable to expect that these services may also be covered.
Workers Comp Lawyer Should Inform You About The Written Notice
At the time you are hired your employer must give a written notice identifying the panel doctors. You have to sign the notice. Also at the time of your injury your employer must give you a written notice of the panel doctors and you must sign for it. Failure of your employer to perform both of these requirements allows you to treat with any doctor or healthcare provider and your employer shall remain liable for your treatment. However, if your employer gives you a written notice you cannot refuse to sign it. Your workers comp lawyer can explain that this information can be found in Subchapter D, Section:127.775; of the Labor and Industry regulations.
What Else Should A Workers Comp Lawyer Tell Me
There is lots more a workers comp lawyer should tell you about a workers comp claim. If you are interested in learning more you can contact our office at ask for our free workers compensation report titled; Don’t Make A Gigantic Mistake, Know Your Workers’ Compensation Rights. All of the information in the report was reviewed by a workers comp lawyer. Just call 570-622-2525 and request the report and we would be happy to send it to you.