If you get injured in a workplace accident in Florida, your employer’s insurance carrier gets to choose your authorized treating physician for workers’ comp purposes. Given the importance of trust between doctor and patient and the amount of power the doctor has over your workers’ comp claim, that can turn into a major problem.
If you don’t have faith in the doctor’s diagnosis, treatment plan or judgment, what can you do?
Florida law gives you the right to request a one-time change of physician.
Why it may be necessary to invoke your one-time change
Imagine that you injure your back lifting boxes at work and the insurer assigns you to see a sports medicine doctor. You have several visits, but you believe the doctor is dismissive about your pain, uninterested in looking for a better solution and trying to send you back to work without restrictions. You decide to ask for a one-time change.
The one-time change you can make isn’t the same as asking for a second opinion. Once made, all your care for that workers’ comp claim is permanently transferred to the new authorized physician. Think carefully before making this move, particularly if your claim already involves several specialists and types of treatment. A change could mean starting over with a new team – and you could end up with a physician that you like even less.
Making the request for a different authorized treating physician
You have to make the request for a one-time change in writing. Once the insurer receives the request, they have five days to authorize a new treating physician. The new physician may not be professionally affiliated with your current treating physician to avoid conflicts of interest.
So long as the insurer responds within that deadline, it generally gets to select the replacement physician. If the insurer fails to make the change within five days, however, you may be able to select the new authorized treating physician yourself.
Given the possible advantage that could give you, the date of delivery of your letter to the insurer seeking to make the one-time change is very important. Keep a copy and send the original letter out via certified mail so that you can prove when the insurer received it.
If you’re not happy with your workers’ comp physician, it may be wise to speak with a skilled attorney before applying the one-time change rule. They can help you take a dispassionate look at your options, understand the timing and otherwise protect your interest.