Can You Choose Your Own Doctor For A Work Injury In California?

As a California Workers’ Compensation Lawyer, I frequently encounter clients who want clarity regarding their right to choose their own physician following a workplace injury. Suffering an injury on the job can be overwhelming and stressful. Your recovery process is critically important, and the physician managing your care significantly influences your healing and overall well-being. 

Many workers assume that they must accept treatment from a doctor chosen by their employer or insurance provider. However, under certain circumstances, California law grants injured workers the right to select their own healthcare provider. Understanding your rights under California Workers’ Compensation laws ensures you receive the best possible medical treatment and helps safeguard your legal interests.

Your Rights To Medical Care Under California Workers’ Compensation Laws

When you suffer a work-related injury in California, your employer is legally obligated to provide medical treatment necessary for your recovery. According to California Labor Code Section 4600, employers must ensure injured workers receive all necessary medical care reasonably required to cure or relieve the effects of the injury. Generally, the employer or their insurance company initially selects the medical provider who administers treatment. This provider is often part of a network called the Medical Provider Network (MPN).

However, certain exceptions allow you, as an injured worker, to select your own physician. Knowing when and how you can exercise this right is essential for proper recovery and fair compensation.

Pre-Designation Of Your Personal Physician

California law offers injured employees an option known as pre-designation. Under Labor Code Section 4600(d), you can pre-designate a personal physician to treat you if you sustain a workplace injury. To qualify for pre-designation, certain criteria must be met:

• The physician must be your regular personal doctor or primary care provider.
• The physician must have treated you previously and maintained your medical records.
• Prior to the injury, you must notify your employer in writing of your wish to designate this doctor as your physician in case of a work-related injury.
• Your designated physician must agree, in writing, to treat you for potential work-related injuries.

Meeting these requirements grants you control over your medical care, enabling treatment from a trusted professional familiar with your medical history.

What Happens If You Do Not Pre-Designate A Physician?

If you fail to pre-designate a physician, your employer or their insurance company typically directs you to an MPN provider after an injury occurs. MPNs are networks approved by the California Division of Workers’ Compensation, and they include doctors specializing in occupational injuries. While many MPN providers offer quality care, disputes may arise regarding treatment choices, return-to-work decisions, or assessments of permanent impairment.

Changing Doctors Within The Medical Provider Network

California law allows injured workers to change physicians within the employer’s MPN. If you’re dissatisfied with your current provider, you have the right to switch to another doctor within the network. Employers must provide a comprehensive list of MPN physicians, giving you access to alternative medical opinions and care.

If your employer fails to maintain an adequate network or provide proper notification, you may be permitted to choose your own doctor outside the MPN at your employer’s expense.

Second Opinions And Independent Medical Reviews

Sometimes, disagreements arise between injured workers and employers over medical treatments. California law offers solutions to these conflicts. Under Labor Code Section 4616.3, you can request a second or third opinion from another MPN doctor. If disputes persist, an Independent Medical Review (IMR) may be initiated, which allows an independent physician to evaluate your situation and make impartial recommendations.

Understanding these rights helps you navigate the complexities of California workers’ compensation claims, ensuring you receive appropriate medical care.

Frequently Asked Questions About Choosing Your Doctor For A Work Injury In California

What Does Pre-Designation Mean, And How Do I Do It?

Pre-designation means selecting your personal doctor to treat you before a workplace injury occurs. To pre-designate, you must inform your employer in writing, specifying your chosen physician. Your doctor must also provide written consent to treat work-related injuries and have previously managed your care.

Can My Employer Refuse My Pre-Designated Physician?

If all legal conditions are met, your employer cannot refuse your pre-designated doctor. Employers must honor your selection, provided the physician agrees to treat you for workplace injuries and has previously cared for you.

What If My Employer Has No Medical Provider Network?

If your employer lacks an MPN, you have greater flexibility. According to California Labor Code Section 4600, in the absence of an approved network, injured workers can choose any physician willing to accept California workers’ compensation patients.

Can I Change Doctors If I’m Unhappy With My Current MPN Provider?

Yes. California law explicitly permits injured workers to select a different doctor within the MPN if dissatisfied. Employers must supply you with the network’s directory to facilitate your choice.

What Should I Do If My Employer Denies My Right To Choose A Doctor?

If your employer denies your legitimate request to choose or change your doctor, you have options. You can file a complaint with the California Division of Workers’ Compensation or seek representation from a qualified workers’ compensation attorney to protect your rights and ensure compliance.

How Does Independent Medical Review (IMR) Work?

Independent Medical Review (IMR) allows impartial physicians to resolve disputes over medical treatment. If disagreements arise about the necessity or type of treatment recommended, you can request an IMR, providing unbiased recommendations that guide medical decisions.

Call Law Office Of Joseph Richards, P.C. For Experienced Representation In Your Workers’ Compensation Claim

If you’ve suffered a work-related injury in California, knowing your right to choose your doctor is essential for effective recovery and protecting your legal interests. At Law Office of Joseph Richards, P.C., I focus on safeguarding injured workers’ rights throughout California. My goal is to ensure clients receive the medical care and compensation you’re entitled to under California law.

I understand that workplace injuries can severely impact your life physically, emotionally, and financially. You shouldn’t navigate the complexities of workers’ compensation alone. With extensive experience advocating for California employees, I may be able to help you understand your rights, make informed choices, and obtain proper medical care.

If you have questions or concerns about choosing your physician after a work injury, I encourage you to contact my office today. To speak directly with a California workers’ compensation attorney, call us today at (888) 883-6588 to receive your free consultation. My office proudly represents injured workers throughout California, providing personalized legal guidance and fierce advocacy at every step.

Your health and recovery matter greatly. Don’t let uncertainties or employer interference deny you the medical care you deserve. Contact me today to schedule an appointment fro a free consultation to discuss how toensure your rights are protected and your recovery stays on track.