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Workers' Compensation

Can You Get a Workers’ Compensation Second Opinion?

By June 17, 2024September 10th, 2024No Comments

If you were injured on the job or developed an illness due to work-related conditions, you’ve probably started looking into collecting workers’ compensation. Before you can try to collect benefits, you’ll need to visit a doctor, get a diagnosis, and begin treatment. But what happens if the doctor you visit or were told to visit doesn’t believe you have a valid medical claim that warrants workers’ compensation?

Can You Get a Second Medical Opinion for Workers’ Compensation?

In New York State, workers’ compensation law says you have the right to obtain a second medical opinion. This means that if you’re not satisfied with your initial diagnosis or treatment, or if you simply were not given either from the doctor your employer’s insurance company selected, you can seek another opinion from a different doctor. No matter what the outcome was from your first doctor, you’re entitled to speak with another healthcare professional to either confirm your diagnosis and treatment or provide another explanation for your injuries or illness.

What If My Employer’s Insurance Company Already Chose a Doctor?

It’s common for employer insurance companies to direct you to a doctor of their choosing for your initial examination. However, that doesn’t make you obligated to rely solely on that doctor for your medical care. You have the autonomy to consult with another physician who may offer an alternative perspective on your condition and treatment options.

Can Workers’ Compensation Deny a Second Opinion?

As long as you select a doctor who is authorized to treat workers’ compensation patients, you cannot be denied benefits simply for getting a second opinion. New York State law is clear on this matter. If you need help finding an authorized doctor or specialist who is approved to treat patients with workers’ compensation cases, the Workers’ Compensation Board offers a healthcare provider search on their website.

What Is an Authorized Doctor?

An authorized doctor is a licensed medical professional approved by the Workers’ Compensation Board to treat patients in the program. These doctors are familiar with the specific requirements and paperwork associated with workers’ compensation cases. Working with these doctors helps ensure a patient’s diagnosis and treatment align with legal and medical standards established by New York State.

Should I Get a Second Opinion?

As mentioned, you always have the right to a second opinion. Whether you should do so depends on your particular situation. Seeking a second opinion can be particularly valuable if you’re facing significant medical decisions, such as surgery, or are unsure about the course of treatment recommended by the first doctor. A second opinion can provide you with more information, alternative treatment options, and peace of mind, all of which allow you to make more informed decisions about your health and recovery.

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