If you were injured in a workplace accident, you are likely worried about your physical and financial recovery. Almost all employers in Georgia are required to carry workers’ compensation, which provides employees injured on the job with healthcare coverage needed to treat their injuries and offsets a portion of their lost income.
One of the questions we receive most frequently from clients injured on the job is whether they can have their own doctor treat their injuries. Georgia workers’ compensation law significantly limits your options when it comes to the medical care providers who may treat your work injuries. Depending on the circumstances of your case, you may or may not be able to see the medical care providers of your choice.
At Sherrod & Bernard, P.C., our workplace injury attorneys are here to make sure you understand your rights and options. Read on to learn more about seeking medical treatment through workers’ compensation. If you have questions or concerns, call us today for a free consultation with an experienced Georgia workers’ compensation lawyer.
What Is Workers’ Compensation?
Workers’ compensation is a form of insurance paid by employers to aid employees when injured on the job. The insurance benefits generally cover medical and rehabilitation expenses. They also offset a limited portion of the injured employee’s lost wages if they cannot work while recovering from their injuries.
Most employers in Georgia are legally required to carry workers’ compensation insurance. If your workplace has three or more full-time, part-time, or seasonal employees, it is likely subject to this rule. Some kinds of workers — including railroad carriers, farm workers, and domestic workers — are exempt from the requirement.
Workers’ compensation is a kind of no-fault insurance. This means that benefits do not increase if the injuries were the employer’s fault, nor do they decrease if the injuries were the employee’s fault. In exchange for workers’ compensation benefits, injured employees may not sue their employer to receive compensation for their injuries.
Can I See My Own Doctor for a Work Injury in Georgia?
In general, you must seek medical treatment from providers preselected by your employer. Georgia’s worker’s compensation statute gives employers significant discretion when choosing the medical care providers available to treat workplace injuries. Employers must inform their employees of available physicians in at least one of two ways:
- Panel of Physicians – Employers may post a list known as a “Panel of Physicians,” which must include “at least six physicians or professional associations or corporations of physicians who are reasonably accessible to the employees.” Further, the list must include at least one orthopedic physician and no more than two industrial clinics.Injured employees may choose any one of the six physicians to treat their injuries. They also have one opportunity to switch to another physician on the list without prior authorization. Further, the physicians selected from the list “may arrange for any consultation, referral, and extraordinary or other specialized medical services as the nature of the injury shall require.”
- Workers’ Compensation Managed Care Organization (WC/MCO) – The employer may also choose to contract with a WC/MCO to carry out their workers’ compensation obligations, in which case the arrangement is governed by “Managed Care Organization Procedures.”
No matter which option your employer chooses, they are required to take “all reasonable measures” to ensure that employees are well-informed about their options and receive appropriate assistance in exercising their workers’ compensation benefits. This includes posting the Panel of Physicians or Managed Care Organization Procedures in “prominent places upon the business premises.”
If your employer fails to provide this information, you may be allowed to choose your own doctor to treat your workplace injuries at your employer’s expense. Before doing so, it is a good idea to consult with an attorney to make sure you understand your rights and options.
What If I Need a Second Opinion?
You have the right to an independent medical evaluation (IME) if you believe that your authorized physician wrongly determined that you no longer require medical treatment, thereby disqualifying you from further benefits. Your employer also has the right to an IME if they believe the authorized physician wrongly determined that your treatment should continue.
Employees who choose to go through an IME must do so “within 120 days of receipt of any income benefits.” They must also notify their employer or the employer’s insurer in writing before the IME. The IME must not repeat any diagnostic procedures that have already been performed since the injury unless the costs “in excess of $250.00 are paid for by a party other than the employer or the insurer.”
What About Caring for Your Injuries After a Workplace Accident?
If injured in a workplace accident, report your injury to your employer as soon as possible, and do not hesitate to seek medical attention as needed. If you cannot immediately report your injury to your employer, have a trusted coworker report it for you. If your injuries are severe, call 911 or go to the nearest emergency room.
Georgia law significantly restricts the treatment options available to injured employees through workers’ compensation. However, it does provide one significant exception in the case of emergencies. Specifically, if an “emergency or similarly justifiable reason” makes it impossible or unfeasible to seek medical treatment from the options provided by your employer, the rules are relaxed so long as the situation persists.
Contact a Georgia Workers’ Compensation Attorney Today for Help with Your Claim
Workers’ compensation claims in Georgia can be extremely complex and frustrating, especially if you are struggling with a serious injury. Sadly, it may even feel as though the cards are stacked against injured employees. That said, you do not need to face the process alone.
At Sherrod & Bernard, P.C., our injury attorneys have three decades of experience helping our client understand their rights and secure maximum compensation for their workplace injuries. Let us put our experience to work for you. Contact our office today for a free, confidential case evaluation with a workers’ compensation attorney in Georgia.
