Can You Choose Your Own Doctor in a New Jersey Workers’ Compensation Case?
If you are injured at work in New Jersey, your employer or their insurance carrier typically has the right to select the doctor who treats you. Many workers across Cherry Hill and Camden County are surprised to learn they cannot simply visit their personal physician and have workers’ compensation cover the bill. Our injury lawyers can walk you through the process for optimal compensation.
What Happens If I See My Own Doctor Anyway?
Visiting your own doctor without authorization from the employer or insurance company can create serious problems for your claim. The insurer may refuse to pay for that treatment, leaving you personally responsible for the medical bills. Any findings or diagnoses from an unauthorized physician may also carry less weight when your claim is evaluated, potentially weakening your position during a dispute over benefits.
Can I Change My Employer’s Treating Doctor?
New Jersey law does allow you to request a change of physician if you are dissatisfied with the care you are receiving. You can file a motion with the Division of Workers’ Compensation to have a new treating doctor assigned. However, approval is not automatic and requires a valid reason for the switch.
Exceptions for Choosing Your Own Doctor
While the employer generally controls medical treatment, several situations give you the right to seek care on your own terms. The following exceptions apply under New Jersey workers’ compensation rules:
- Emergency Care: If you need immediate medical attention, you can go to any emergency room or urgent care facility, regardless of what the employer directs.
- Refused or Delayed Care: When an employer or insurer fails to authorize timely treatment, you have the right to seek medical care independently and pursue reimbursement through the workers’ compensation system.
- Second Opinions: You may obtain an independent medical evaluation from a doctor of your choosing, particularly when you disagree with the authorized physician’s diagnosis or treatment recommendations.
- Additional Medical Treatment: After completing treatment with the authorized workers’ compensation doctor, you can seek further care from your own physician if you believe your condition has not fully resolved or additional treatment is warranted.
Under the law, employers are required to furnish reasonable medical, surgical, and hospital treatment arising from a workplace injury. Workers throughout New Jersey should document every interaction with their treating physician and keep copies of all medical records to strengthen their position if a dispute arises over the adequacy of care.
How Our Workers’ Compensation Lawyers Can Help
Matarazzo & Lubcher has more than 100 years of collective experience handling workers’ compensation cases across New Jersey, with six locations throughout the state providing accessible legal counsel wherever you are. Our attorneys can advocate for your right to appropriate medical treatment, challenge denied claims, and work to secure the full benefits you are owed. We do not collect fees until we settle your case, so reaching out carries no financial obligation.
Call 856-460-5805 or reach out online to schedule your free consultation with our workers’ compensation lawyers in Cherry Hill who can review your situation and determine the best course of action for your claim.