Can You Get a Second Opinion When on Worker's Comp?
An employee who is not satisfied with the reports and diagnosis given by his doctor about his worker's compensation claim should request a second opinion. An employee has the right to a second opinion, but sometimes the employer has the right to choose the doctor that will provide the second opinion. Worker's compensation insurance covers the costs of the second opinion for all work-related injuries. The time frame in which an employee must request a second opinion varies from state to state.
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Request For Second Opinion
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An employee is able to receive a second opinion when receiving worker's compensation benefits. However, the employee may have to write a written request to receive a second opinion, which has to be approved by the worker's compensation insurance provider. The reasons an employee can request a second opinion include issues pertaining to surgery, treatment or other medical care by the doctor.
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Second Opinion Misconception
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It is a misconception that an employee is unable to receive a second opinion with worker's compensation. An employee is entitled to a second opinion if he feels he is unable to work, and that the doctor examining him is inaccurate. Each state has its own set of rules when it comes to worker's compensation and second opinions, including who chooses and pays for the second opinion, and whether a third opinion is necessary if the two doctor's results are inconclusive.
Time Frame For A Second Opinion
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The time frame for a second opinion varies from state to state. In Georgia, for example, an employee is entitled to a second opinion, but the employee must request the second opinion within 120 days of receiving worker's compensation income benefits. Also in Georgia, employees may choose their own doctor for the second opinion.
Significance Of A Second Opinion
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A second opinion with worker's compensation is not only significant for the employee, but the employer as well. Often an employee could be sent back to work before she is ready, therefore a second opinion is significant to her. If a doctor keeps an employee off from work and she is able to return, this could be costly to the employer. A second opinion helps ensure that both employee and employer's needs and rights are being met.
Federal Employees
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Federal employees have different worker's compensation laws than other employees for non-federal businesses and companies. Federal employees do have the right to a second opinion, but the federal agency chooses the doctor, and the physician does not have to be Board-certified in a specific field. The employee has the right to bring his own doctor to any second-opinion examination.
References
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