Can I Choose My Own Doctor for My Workers’ Comp Case?

 Posted on March 12, 2025 in Workers' Compensation

If you are injured at work in California, the doctor who treats you can have a major impact on your recovery and workers' compensation claim. California law allows some flexibility in choosing your healthcare provider, but there are specific rules that must be followed when attempting to demonstrate that your injuries are work-related. A qualified California workers’ compensation attorney can help you navigate your claim while ensuring that your rights are protected.

How Do I Choose a Doctor after a Workplace Injury?

In California, your ability to choose your own doctor depends on certain conditions:

Initial Treatment

When someone suffers a workplace injury, their employer typically has the right to choose the doctor who provides the initial treatment. This is because employers in California often have a Medical Provider Network (MPN), which is a group of doctors approved to treat workers' comp patients. If this is the case, the doctor who sees you during your first medical visit after the injury must be in that network for your first medical visit.

Switching Doctors Within the MPN

If you are unhappy with the initial doctor assigned to you, you can switch to another doctor within the MPN. This allows you to seek better care or find a physician who better understands your medical needs.

Pre-Designating Your Personal Doctor

California law allows employees to pre-designate their personal doctor for workers' compensation treatment. To qualify for this option, you must have health coverage for non-work injuries through your employer-provided plan and provide written notice to your employer before your injury occurs, stating that you wish to be treated by your personal physician if a workplace injury happens.

How Can the Specific Doctor Who Treats Me Impact My Case?

The doctor treating your work injury plays a critical role in your case. He or she can diagnose your condition, develop a treatment plan, determine when you can return to work, and assess any permanent disability you may have sustained.

A doctor who is not familiar with workers' comp rules might overlook important medical details, potentially delaying or limiting your benefits. On the other hand, a doctor who has experience with California workers' compensation cases will know what documentation you need to support your claim.

How Can a Workers’ Compensation Lawyer Help?

An experienced California workers' compensation lawyer can provide vital support when it comes to choosing your doctor and managing your medical care:

• Ensuring Proper Treatment: If you feel your assigned doctor is downplaying your injury or pushing you back to work too soon, your attorney can help you request a second opinion or change providers within the MPN.
• Filing a Pre-Designation Notice: If you're eligible to pre-designate your own doctor, an attorney can guide you through the process to ensure it's done correctly.
• Challenging Inadequate Care: If your employer's selected doctor provides substandard care, your attorney can advocate for better treatment options or escalate your case with the Workers' Compensation Appeals Board (WCAB).
• Managing Disputes: If your doctor’s report conflicts with your employer’s assessment of your injury, a lawyer can help gather evidence, obtain additional medical opinions, and present your case effectively.

Schedule a Free Consultation with a Gilroy, CA Personal Injury Lawyer

While California law limits your immediate ability to choose your own doctor in a workers' compensation case, you do have options for switching providers or pre-designating a trusted physician. A knowledgeable Morgan Hill, CA workers' compensation lawyer can help you navigate these rules, ensure you receive appropriate medical care, and protect your right to full and fair benefits. Working with our experienced, knowledgeable, and compassionate team can ensure that your rights are kept as a top priority. Call [[[hone]] to schedule a free consultation with Cramer + Martinez today.