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What medical care am I entitled to under the Workers' Compenation Act?
An injured employee is entitled to receive the medical care of his or her choice. The employer cannot require an employee to receive treatment only from physicians that the employer has selected.
The choice extends to two physicians selected by the employee. A choice is the physician that the employee selects, and if that physician makes referrals to other physicians or other providers. For example, if an employee receives treatment from his or her family physician and then the physician refers the employee to several other specialists and also for physical therapy that is only one choice by the employee. Medical expenses the employer is required to pay for include physician charges, necessary lab, x-ray and other testing, physical therapy and medication. Often an employee neglects to have his or her costs of prescriptions reimbursed by the employer. These costs can quickly add up and it is important to keep track of such charges so reimbursement can be obtained. Under some circumstances an employer may also be required to reimburse an employee for travel expenses to receive medical treatment. Particularly if the employee lives in a rural area, some specialist care and treatment may only be available by traveling to other areas. In such instances, the cost of the travel may be a necessary travel expense that ht employer must reimburse the employee for. The employer can require an employee to be examined by a physician that it chooses. While these examinations are called “Independent Medical Examinations,” they are far from independent, as often the physician performing the examination performs numerous examinations for employers or insurance companies. While the employer may require such an examination, it may not require the employee to receive treatment from such doctors. The employer also must pay the employee before the examination and also is required to pay for any wage loss incurred by the employee due to the exam. The right to be treated by a physician of your own choice that you have confidence in is an important right. Some states do not allow such choices, and employees are forced to receive a level of care that may not be appropriate. If you think that your employer or its insurance company is interfering with your right to be treated by your own physician, you should contact an attorney to discuss the situation.
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