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Frequently Asked Questions about Workers' Compensation and Social Security Disability

 


Q: CAN I CHOOSE WHICH DOCTOR TO GO TO?

A: ABSOLUTELY: You have the right to choose your own doctor

New York Workers Compensation Law allows you to seek treatment with the doctor of your choice. While there have been some changes to the law in the 2007 Workers Compensation Reforms, the basic principle remains the same - you choose with whom you want to treat.

Exceptions: There are some exceptions where the employer or insurance carrier may be able to have you seen by their choice of doctor: These generally are:

  • Preferred Provider Organization - there is a pilot program where certain employer can elect to use a special medical organization and you, the injured worker must attend that organization for a limited period of time. Generally, we have seen this used in Upstate New York more than in the Metropolitan area.
  • Alternative Dispute Resolution - as with PPO's there are some self-insured entities (such as Local 3 of the Electrical Workers Union) that require under the law that the injured worker seek care from providers within their medical groups
  • Certain Medical (Diagnostic Testing) - changes to the law in 2007 allow Insurance Companies to require injured workers to use their facilities for diagnostic testing such as MRI (Magnetic Resonance Imaging) and EMGs (Electromyography)

If you have any concerns about the doctor(s) you are treating with, what tests need to be approved or if you are taking the right legal steps to provide you with proper medical care you can contact the attorneys of Markhoff & Mittman, PC (866)205-2415 - serving injured workers and their families throughout New York with all of their legal needs.


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