It is widely accepted that an injured worker must treat with a company doctor for the first 90 days, but that is not entirely accurate. The Commonwealth of Pennsylvania says that injured workers must seek treatment for the work injury or illness with one of the designated providers for 90 days from the date of the first visit, if the list is properly posted and certain guidelines are followed.
- The employer must provide clear, written notice of the employee’s rights and responsibilities.
- The employee must sign a document both at the time of hire and at the time of injury indicating he or she would treat with one of the panel physicians.
- The employer must post a list of six medical providers to choose from, of which at least three are physicians.
- The providers’ name, address, telephone number and specialty must be included on the list.
- The provers must be geographically accessible.
- The list should include specialists for anticipated work-related injuries. If a particular specialty is not on the list and the specialty care is reasonable and necessary for treatment of the work injury, the employee will be allowed to treat with a health care provider of his or her choosing.
- The employer cannot direct the employee to a specific provider and the employee may switch between listed providers.
Most importantly, if employer’s list of designated providers fails to comport with the Act and the regulations, the employee has the right to treat with a provider of his or her choice. If you are a union employee, you should also check any applicable collective bargaining agreement.
Questions? Understanding your rights after a work injury is critical — learn more about the common problems with Workers’ Compensation claims and how to avoid them. You can also contact us online or call 888-534-6016 with any questions you may have regarding treating with a company doctor.
