FREQUENTLY ASKED QUESTIONS (FAQS)

Understanding the Critical Decisions a Doctor Makes in a Case Involving a Work-Related Injury

When you have been hurt on the job, the first thing you always need to do is seek medical care. But your doctor plays a key role in more than your physical recovery—your doctor is also an important player in your workers’ compensation claim.

In New York, as a general rule, you can choose your own treating physician. However, the doctor you choose must be authorized by the Workers’ Compensation Board to treat injured workers. In an emergency, you may obtain treatment from an unauthorized physician or your employer may choose the doctor for you. You have the right, though, once the emergency is over, to transfer your care to a doctor that you choose.

Your choice of physician is critical, as that doctor will:

• Make the diagnosis and determine the course of treatment
• Decide whether you need to be referred to a specialist of any kind—as a general rule, you won’t be covered for any expenses related to care from specialists without a referral from your primary care physician
• Evaluate your condition and determine any work restrictions, including time off
• Assess whether there is any permanent aspect of your injury, and the degree of that permanent disability
• Provide all necessary medical evidence to support your claim

Because New York allows you to select your treating physician, you want to take the time to ensure that the doctor you retain will be the right one. You want a doctor with considerable experience handling the type of injury you have sustained, but you also want someone who knows the workers’ compensation process and will prepare the documentation to best support your claim. You also want a doctor who will accept the payments workers’ compensation offers.