Do You Have To See the Employer’s Doctor in a Vermont Workers’ Comp Case?

As workers’ compensation attorneys, clients and potential clients often ask us if they can see their own doctor after suffering a work-related injury. This common question is very important because the doctor you see about your work-related injury can impact not only your treatment but also your eligibility for benefits. Keep reading to learn about your right to choose a doctor in a Vermont workers’ compensation claim.

What Does Vermont Law Say?

According to Vermont law, an employer may designate a healthcare provider to treat an injured employee immediately after a work-related injury. So if you are injured at work, your employer can send you to a designated hospital or clinic for treatment. However, this is only for the initial visit or emergency care. After that first treatment, you have the right to select another healthcare provider under Vermont workers’ compensation law. This key provision means that while your employer can direct you to a specific doctor after your work injury, they cannot require you to continue treatment with that provider. If you switch doctors, you should not lose your right to recover workers’ compensation benefits.

Notifying Your Employer of Your Intention To Change Doctors

If you wish to change doctors, Vermont law requires that you notify your employer or the workers’ compensation insurance company before doing so. You are required to give written Notice of your reasons for dissatisfaction with the designated healthcare provider and details of your preferred doctor. The Notice, referred to in full as “Notice of Intent to Change Health Care Provider (Form 8),” is given to employees by their employer, the insurance company, or the employer’s healthcare provider at or before initial treatment. However, even if you are not given the Notice, you still have the right to see your own doctor after the initial medical visit. Unfortunately, some employers don’t provide injured employees with Form 8 and don’t tell them they can change doctors.

How To Choose a Doctor

When switching healthcare providers in a Vermont work-related injury case, it is crucial to find a doctor who is experienced in treating work-related injuries and is familiar with the workers’ compensation claims process. Such a doctor can provide appropriate treatment and proper documentation, communicate effectively with your employer or the insurance company, and support your claim. Choosing the right healthcare provider can significantly affect the outcome of your workers’ compensation case.

Independent Medical Examination

It’s crucial to note that the insurance company is allowed to request that you attend an Independent Medical Examination (IME) with a doctor of their choosing. An IME is used to provide an objective assessment of your condition. The IME doctor will assess your injuries and give an opinion on your condition, level of disability, or ability to resume work. However, while you must attend an IME if requested, the IME doctor does not become your treating physician. You still have the right to continue seeing your own doctor for treatment.

Contact a Vermont Workers’ Compensation Attorney

If you’ve suffered a work-related injury, our experienced Vermont workers’ compensation attorneys at Sluka Law PLC can ensure your rights are protected and you receive the benefits you deserve. Contact us today to schedule a consultation.

Source:

labor.vermont.gov/sites/labor/files/doc_library/Worker%27s%20Comp%20Rules%20index.pdf