After a workplace injury, getting proper medical care is often the top priority. Many injured workers worry about how quickly they can see a doctor, whether their treatment will be covered, and who gets to decide which doctor they can see. One of the most common questions under New York workers’ compensation law is whether an injured worker can choose their own doctor.
The short answer is yes, but there are important rules and limitations. Understanding how doctor selection works can help protect both your health and your workers’ compensation benefits.
Medical Treatment Is a Key Part of a Workers’ Comp Claim
Medical treatment is not just about recovery; it is also the foundation of a workers’ compensation claim. Medical records establish that an injury occurred, how serious it is, and whether it is work-related. Treatment decisions can affect wage replacement benefits, the length of a claim, and whether permanent disability benefits may be available.
Because medical care plays such a central role, New York has specific rules about which doctors are authorized to treat injured workers under the workers’ compensation system.
You Can Choose Your Own Doctor, With One Important Requirement
Under New York workers’ compensation law, injured employees generally have the right to choose their own treating doctor. However, the doctor must be authorized by the New York Workers’ Compensation Board.
This authorization requirement is critical. If you receive treatment from a doctor who is not authorized, your employer’s insurance carrier may refuse to pay for the treatment, even if the care was medically necessary.
Authorized providers may include medical doctors, osteopaths, chiropractors, podiatrists, psychologists, and other specialists who have been approved by the Board to treat workers’ compensation patients.
What Happens If You See a Doctor Right After the Injury?
In many cases, injured workers seek immediate treatment at an emergency room, urgent care center, or occupational health clinic. Emergency treatment is typically covered, even if the provider is not on the authorized list, because the priority is addressing urgent medical needs.
However, once the emergency has passed, ongoing treatment should be transferred to an authorized provider. Failing to do so can create billing issues and disputes over coverage.
Workers should also notify their employer as soon as possible after the injury and follow required reporting procedures to avoid delays or denials.
Can Your Employer Force You to See a Specific Doctor?
In most cases, your employer cannot force you to treat with a specific doctor. Unlike some states, New York does not generally allow employers to control medical treatment through company doctors or networks.
There are limited exceptions, such as when an employer participates in a Board-approved medical provider network, but even then, employees often retain some choice among providers within the network.
Insurance companies may encourage workers to see certain doctors, but recommendations are not the same as requirements. The final decision typically rests with the injured worker, as long as the provider is authorized.
Changing Doctors During a Workers’ Compensation Case
Injured workers are not locked into the first doctor they see. If you are unhappy with your treatment, feel your concerns are not being taken seriously, or believe your recovery is being delayed, you may be able to change doctors.
Switching doctors is allowed, but the new provider must also be authorized by the Workers’ Compensation Board. It is important to handle any change carefully to avoid gaps in treatment or disputes about continuity of care.
A poorly documented transfer or a long gap between appointments can give insurance carriers an excuse to question the seriousness of an injury.
Independent Medical Examinations and Why They Matter
Even though you can choose your treating doctor, the insurance company has the right to request an independent medical examination, often referred to as an IME. These exams are conducted by doctors chosen by the insurance carrier, not by you.
An IME doctor does not provide treatment. Instead, they evaluate your condition and issue a report that may influence benefit decisions. IME reports are often used to challenge the extent of an injury, the need for ongoing treatment, or your ability to return to work.
It is common for IME findings to conflict with your treating doctor’s opinions, which can lead to disputes that require hearings before the Workers’ Compensation Board.
Why Doctor Choice Can Affect Your Benefits
The doctor you choose plays a major role in the outcome of your workers’ compensation case. Treating physicians are responsible for documenting your injury, assigning work restrictions, and determining whether you have reached maximum medical improvement.
Insurance carriers often scrutinize medical reports closely. Incomplete documentation, vague opinions, or missed appointments can result in delayed payments or benefit reductions.
A knowledgeable and thorough treating doctor can make a significant difference in ensuring that your injury is properly documented and that benefits continue while you recover.
Common Mistakes Injured Workers Make With Medical Care
Many workers unintentionally harm their claims through medical decisions made early in the process. Common mistakes include:
- Seeing a non-authorized doctor for ongoing treatment
- Waiting too long to seek medical care
- Failing to follow prescribed treatment plans
- Missing medical appointments
- Minimizing symptoms or returning to work too soon
These issues can give insurance carriers grounds to dispute the severity or legitimacy of a claim.
What to Do If Your Medical Treatment Is Being Challenged
If the insurance company disputes your treatment, questions your doctor’s recommendations, or relies on an IME to reduce benefits, you may need to take formal action. Medical disputes are common in workers’ compensation cases and often require legal intervention.
Hearings may be necessary to resolve disagreements about treatment, work restrictions, or disability ratings. Having strong medical evidence and proper documentation is essential in these situations.
Protecting Your Rights as an Injured Worker in New York
Choosing the right doctor is one of the most important decisions you make after a workplace injury. While New York law allows injured workers to choose their own authorized provider, navigating the system can still be confusing and stressful, especially when insurance companies challenge treatment or benefits.
Shafran & Rock represents injured workers in Kingston and throughout New York in workers’ compensation matters. If you have questions about your medical treatment, your right to choose a doctor, or problems with your workers’ compensation benefits, understanding your options early can help protect both your health and your claim.
