- | By Steele & Ferguson, P.C.
Yes, you can choose your own doctor for workers’ comp in Michigan—but usually only after the first 28 days of medical treatment. During the first 28 days from the start of your medical care, your employer or its workers’ compensation insurance carrier generally has the right to choose your medical provider. After those 28 days, Michigan law allows you to treat with a doctor of your own choice as long as you notify your employer of the doctor’s name and your intention to treat with that physician. Michigan’s Workers’ Disability Compensation Agency also recommends notifying the insurance company, preferably in writing.
How Does Choosing A Workers’ Comp Doctor Work In Michigan?
If you were injured at work in Michigan, the process generally works like this:
- Report your workplace injury immediately.
Tell your employer or supervisor as soon as possible that you were hurt at work. - Use the employer-selected medical provider during the first 28 days.
Your employer or workers’ compensation carrier generally controls the selection of your medical provider during the first 28 days after medical care begins. - Keep track of when your medical treatment started.
The 28-day period generally runs from the inception of medical care, not simply from the date of your accident. - Choose your own doctor after the 28-day period.
Once the first 28 days have passed, you may select a physician you trust to treat your work-related injury. - Notify your employer and insurance carrier in writing.
Provide the name of the doctor you have selected and state that you intend to treat with that physician. Written notice can help create a clear record of the change.
What Are My Rights After The First 28 Days?
After the initial 28-day treatment period, an injured Michigan worker generally has significantly more control over medical treatment.
You may be able to:
- Choose your own treating physician.
- Change from the company-selected doctor.
- Choose a doctor you trust to evaluate your injuries.
- Obtain treatment that is reasonable and necessary for your work injury.
- See an appropriate specialist when medically necessary.
- Have covered medical bills submitted to the workers’ compensation insurance carrier.
- Continue receiving medically necessary treatment related to the workplace injury.
Michigan’s Workers’ Disability Compensation Agency states that after the first 28 days, workers are free to change doctors after notifying the employer and insurance company. The agency also states that authorization from the employer or insurer is not required for reasonable and necessary medical treatment when the workers’ compensation claim is not disputed.
Can My Employer Force Me To Keep Seeing The Company Doctor After 28 Days?
Generally, no.
After the first 28 days of medical care, Michigan law gives injured workers the right to select their own physician after providing the required notice.
However, the insurance company does have the right to object to the physician you select.
Under Michigan Compiled Laws § 418.315, the employer or insurance carrier may file a petition objecting to your chosen doctor. It must provide reasons for the objection. A workers’ compensation magistrate may then determine whether there is sufficient cause to require a change in treatment.
That is different from an insurance adjuster simply telling you:
“We are not approving that doctor.”
If you are being pressured to continue treating only with the company doctor after the 28-day period, speak with an experienced Michigan workers’ compensation lawyer about your rights.
Do I Need Permission From Workers’ Comp To Change Doctors?
After the first 28 days, you generally do not need the insurance company’s permission to choose your own doctor—but you do need to provide notice.
Michigan law states that an employee may treat with a physician of their own choice after the 28-day period by giving the employer:
- The name of the physician, and
- Notice of the employee’s intention to treat with that physician.
For added protection, notify both your employer and its workers’ compensation insurance carrier in writing.
Keep a copy of the letter, email, or other notice.
Will Michigan Workers’ Comp Pay For The Doctor I Choose?
Workers’ compensation generally must provide reasonable and necessary medical treatment related to a compensable workplace injury.
This can include medical care such as:
- Doctor visits
- Hospital treatment
- Surgery
- Diagnostic testing
- Prescription medication
- Physical therapy
- Chiropractic treatment when covered
- Medical devices
- Other medically necessary treatment related to the workplace injury
Michigan law requires employers to furnish reasonable medical, surgical, hospital and other qualifying treatment when needed for an injury arising out of and in the course of employment.
The Workers’ Disability Compensation Agency also states that medical providers should normally send workers’ compensation bills directly to the employer or insurance carrier.
Problems can arise when the insurance company disputes whether treatment is necessary, whether the condition is work-related, or whether the entire workers’ compensation claim should be covered.
Why Might I Want To Change Doctors After A Michigan Work Injury?
The doctor treating your injury can have a major impact on both your recovery and your workers’ compensation case.
Your medical records may address important questions such as:
- What injuries did you suffer?
- Were those injuries caused by your job?
- Can you safely return to work?
- Do you need work restrictions?
- Can you lift, bend, stand or walk normally?
- Do you need additional diagnostic testing?
- Is surgery necessary?
- Do you need physical therapy?
- Have you reached maximum medical improvement?
- Will your injury cause permanent restrictions?
If you believe the employer-selected doctor is minimizing your injuries, rushing you back to work, refusing appropriate testing, or ignoring your symptoms, the ability to choose your own physician after the initial 28-day period may become extremely important.
What If My Doctor And The Workers’ Comp Doctor Disagree?
Disagreements between doctors are common in Michigan workers’ compensation claims.
For example, your treating physician might say:
“No work for four weeks.”
An insurance company doctor might say:
“Return to work immediately with no restrictions.”
The employer or insurance carrier may also require you to attend an independent medical examination, commonly called an IME.
Michigan law allows an employer or carrier to request a medical examination during the continuation of a claimed disability.
Michigan’s Workers’ Disability Compensation Agency explains that you have the right to follow the advice of your personal physician, but the employer or insurer may rely on the IME physician’s recommendations when making decisions about benefits. That can create a serious dispute over wage-loss benefits, work restrictions and continuing medical treatment.
If your doctors disagree about whether you can return to work, do not assume the dispute will resolve itself.
What Should I Do Before Changing Workers’ Comp Doctors In Michigan?
Before changing doctors:
- Confirm when your first workers’ compensation medical treatment occurred.
- Make sure the initial 28-day period has passed.
- Select a physician qualified to treat your specific injury.
- Tell the new doctor that the condition resulted from a workplace injury.
- Notify your employer of the doctor’s name and your intention to treat there.
- Notify the workers’ compensation insurance carrier.
- Put the notice in writing whenever possible.
- Keep copies of all correspondence.
- Keep attending scheduled medical appointments.
- Follow reasonable medical restrictions.
- Speak with a Michigan workers’ compensation attorney if the insurer refuses to pay for treatment.
Documentation matters.
A simple written record can help prevent an insurance company from later arguing that it was never notified about your change of physician.
What If My Employer Refuses To Provide Medical Treatment?
You should not simply ignore a serious work injury because your employer refuses to arrange medical care.
Michigan law requires employers to furnish reasonable medical care for covered workplace injuries.
The Michigan Workers’ Disability Compensation Agency specifically advises injured employees to contact the agency if an employer refuses to provide appropriate workers’ compensation medical treatment.
A refusal to authorize treatment may also be a sign that your workers’ compensation claim is becoming disputed.
That is a good time to speak with a workers’ compensation lawyer.
Frequently Asked Questions About Choosing A Workers’ Comp Doctor In Michigan
Can I Choose My Own Workers’ Comp Doctor Immediately After A Michigan Work Injury?
Usually not if you expect workers’ compensation to pay for the treatment. Your employer or insurance carrier generally has the right to select your medical providers during the first 28 days after medical care begins. After that period, you may choose your own physician after providing notice.
Is It 28 Days After My Accident Or 28 Days After Treatment Starts?
The law refers to 28 days from the inception of medical care. In other words, the important date is generally when your medical care for the work injury begins.
Can I Change Doctors On Day 29?
Once 28 days have passed from the beginning of medical care, Michigan law allows you to treat with a physician of your own choice after providing the required notice.
Do I Have To Tell The Insurance Adjuster That I Am Changing Doctors?
You should notify both your employer and workers’ compensation insurance carrier, preferably in writing. Michigan’s Workers’ Disability Compensation Agency specifically recommends notifying both.
Can Workers’ Comp Refuse To Pay For My New Doctor?
Disputes can occur over whether treatment is reasonable, necessary and related to the workplace injury. The employer or carrier may also formally object to the physician you selected. If the carrier refuses to pay for legitimate treatment, speak with a Michigan workers’ compensation attorney.
Can The Insurance Company Object To The Doctor I Choose?
Yes. Michigan law permits the employer or insurance carrier to file a petition objecting to your selected physician and explain the reasons for its objection. A workers’ compensation magistrate can decide the dispute.
Can Workers’ Comp Make Me Attend An Independent Medical Examination?
Yes. Michigan law permits an employer or workers’ compensation carrier to require certain medical examinations during a claimed period of disability. Refusing an examination can jeopardize compensation benefits.
What If The Company Doctor Says I Can Work But My Doctor Says I Cannot?
This can create a serious workers’ compensation dispute. Your employer or insurance company may rely on its doctor’s opinion when deciding whether to continue benefits. Speak with a Michigan workers’ compensation attorney before making decisions that could affect your medical treatment, employment or wage-loss benefits.
Do I Have To Pay My Own Workers’ Comp Medical Bills?
For an accepted work-related injury, covered reasonable and necessary medical treatment should generally be billed to the employer or its workers’ compensation insurance carrier rather than to the injured worker.
Having Trouble With Your Workers’ Comp Medical Treatment In Michigan?
If you were injured at work and are being forced to see a doctor you do not trust, denied medical treatment, pushed back to work before you are ready, sent for an IME, or told that workers’ compensation will not pay for the doctor you selected, do not assume the insurance company is right.
Michigan workers’ compensation law gives injured employees important rights regarding medical treatment—including the right to choose their own physician after the initial 28-day period.
Steele Law helps injured workers throughout Michigan understand their rights, challenge unfair insurance company decisions, and fight for the medical care and workers’ compensation benefits they are entitled to receive.
Call Steele Law today at 248-704-2542 to discuss your Michigan workers’ compensation claim.
Your medical treatment can affect your recovery, your ability to work, and the value of your workers’ compensation claim.
Make sure your rights are protected.
