In Nebraska when you are hurt on the job, you have a right to choose your own doctor. This is one of the most important rights you can exercise to ensure that you receive the treatment you need.

 

If your employer tells you right after you are injured that you have a right to choose a doctor to treat your injury, then you must choose a doctor who has treated you or an immediate family member in the past. Once the doctor is chosen under this scenario, that doctor can make referrals for testing and to specialists and those are considered to be within the chain of referral and should be paid if they are related to the injury. However, if you want to change doctors, you either have to get the insurance company to agree or go to the Nebraska Workers’ Compensation Court to approve a change. If you go to a new doctor (outside of the referral given by the original doctor) on your own, the insurance company may not have to pay the bill even if it is related.

 

Sometimes an employer might wait several weeks before notifying an injured worker that he or she has a right to choose a doctor. Sometimes an employer may never notify the employee. The employer might just tell you that you have to go to the company doctor or in-house medical staff. While the employer does have a right to have you examined by a doctor the employer chooses, this is not for treatment and is only allowed “from time to time.” Therefore, you really do not have to treat at a company care clinic.  Without proper notification by your employer, you are free to choose any doctor and change doctors if you want.

 

It is important to not sign any document your employer or the insurance company gives you before speaking with an attorney. If you sign a document (Form 50, for example) you might be giving away your right to select your own doctor.

 

Your employer can only choose your doctor for treatment in two limited situations: where you do not have any doctor who has treated you or a family member in the past for any reason or if you let them.

 

If you have questions about exercising this important right to select a physician, please contact our office by calling at 402-342-9684

 

Initial consultations are always free of charge.