In a workers’ compensation case you are not able to choose your own doctor.   As a general rule, your employer has the right to choose a doctor to treat your injuries.  The doctor chosen does not have to be your own personal doctor and is, instead, likely to be a doctor that your company regularly uses.

There are, however, three exceptions to this rule:

1) Where the employer neglects or refuses to provide prompt and adequate services;

2) Where the employee is confronted with an emergency; and

3) Where the statute itself authorizes the employee to procure a physician of his own choosing.

The North Carolina General Statute § 97-25 says that the employer is allowed to choose the physician but the employee can, at any time, request a change in the treatment, but this change must be approved by the North Carolina Industrial Commission.

If you refuse to receive treatment from a doctor approved by the Industrial Commission then your employer does not have to pay for your treatment until you accept the pre-approved doctor’s services.  Therefore, initially you must go to the doctor assigned to you if you have a worker’s compensation claim, but if this doctor is providing insufficient care, then you may request to see another doctor of your choice but that physician must be approved by the Commission.

The reason North Carolina has set the system up this was is doctors have a lot of power in a workers’ compensation claim.  They will determine a disability rating and, eventually, what’s called a maximum medical improvement. These are the major factors in determining what type of compensation you can receive in a workers’ compensation case. The fear is people will go to their own personal family doctors who they have built a relationship with over time and that doctor will give them a more beneficial payout then they deserve.

The inability to choose your own doctor is something you must be aware of during a workers’ compensation claim. Although you will be unable to hand pick your initial doctor, you may ask for a second opinion from another physician. The previous doctor has the right to sit in on this second opinion.

It is important that when an employer sends you to get treatment by a certain doctor that you go. If you feel as though your treatment is inadequate or you don’t agree with their diagnosis then you should contact a workers’ compensation attorney who can help you navigate your way through the workers compensation laws.