Can I Choose My Own Doctor for Workers’ Comp in Pennsylvania?
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It’s a common misconception in Pennsylvania that employees are required to treat with their employer’s doctors after a work injury. To put it simply, injured workers in Pennsylvania can choose any provider they wish following a work injury.
However, choosing to seek care from medical providers not listed on the employer’s “panel provider” list within the first 90 days may result in the injured worker being responsible for payment.
What Are Panel Providers?
Many people are unfamiliar with the concept of employer-designated doctors. Before going further, it’s important to understand what panel providers are.
Panel providers are doctors or medical providers selected by the employer to treat employees after a work injury. This list is typically included in new-hire paperwork or posted somewhere visible in the workplace.
Under the Pennsylvania Workers’ Compensation Act, the list must include at least six providers. These can range from urgent care facilities to orthopedists and chiropractors, often located near the job site.
Do I Have to See Panel Providers?
Technically, the Workers’ Compensation Act says injured workers must treat with a panel provider for 90 days from the date of the first visit. But that’s not the full story.
Injured workers can choose their own doctors. However, if they treat with a non-panel provider during the first 90 days, they may be personally responsible for the costs, unless certain conditions aren’t met by the employer.
When Will My Treatment Be Covered?
Your employer must cover treatment from non-panel providers during the first 90 days if your workers’ comp claim is accepted and the employer fails to do all of the following:
- Notify you that you must treat with a panel provider;
- Have you sign a form acknowledging that notification at hire and after your injury;
- Post the list of panel providers in a visible area at your workplace.
If your employer can’t prove all three of these things, they must pay for your treatment, even if it’s from a non-panel provider.
What If My Workers’ Comp Claim Is Denied?
If your claim is denied during the 90-day period, you are free to see any doctor. But keep in mind that if the claim is denied, your employer is not required to pay for any treatment—whether it’s on-panel or off-panel.
To get your medical bills covered, you would need to litigate the claim. If successful, your employer would be responsible for payment of those bills, regardless of provider.
What Happens After 90 Days?
After the initial 90-day period, injured workers are allowed to treat with any provider of their choosing.
If the claim is accepted, the employer must cover all related medical bills, including those from non-panel providers. If the claim is denied, litigation is again required to recover those expenses.
Should I Be Worried About Treating With the Employer’s Doctors?
Not necessarily. But it’s important to remember that employers often select panel providers who may be more employer-friendly than neutral. These doctors might not always advocate for the most comprehensive treatment.
An impartial provider or someone more aligned with your well-being may offer better care and more thorough treatment.
Who Should I Treat With?
The workers’ compensation process can be confusing and stressful. You don’t have to go through it alone. If you’re injured at work, the attorneys at Stern & Cohen can connect you with trusted medical professionals who prioritize your health.
We are an experienced workers’ compensation law firm serving injured workers across Pennsylvania. If you need help understanding your medical treatment rights, accessing proper care, or navigating any aspect of your claim, contact us today. We offer free consultations and are here to make sure you receive the full benefits and treatment you deserve.