Do I have a right to my own medical care, or can the insurance company decide?

Answer

You certainly have rights with respect to who you see as your doctor for your work-related injury. You have the right to choose your physician in the first instance, and the insurance company cannot dictate that for you. Sometimes insurance companies or employers have a policy or relationship with a particular medical facility and may encourage injured workers to go there—but you don’t have to. You have the right to select your own physician, though you may need someone to enforce those rights and assert that you are entitled to your own doctor.

The only exception is that the insurance company does have the right to send you for a one-time examination by a doctor of their choosing. This is often called an “independent” medical examination or IME, although there is nothing truly independent about it—the insurance company hires and pays that doctor. These exams can sometimes lead to opinions that support the insurer rather than you. You must attend these examinations, and I always tell clients to be cooperative, but you should also speak with your lawyer before and after the IME. These exams often forecast what the insurance company may attempt next—such as stopping your benefits, denying treatment, or challenging your disability status.

You also have rights regarding what happens after the IME. Under the Workers’ Compensation Act, you are entitled to a full copy of the IME doctor’s report once the insurance company receives it, though unrepresented workers often don’t get it promptly. You’re also entitled to reimbursement for mileage to and from these appointments. These rights are spelled out in the law, but injured workers often don’t know how to enforce them. For additional guidance, you can review our workers compensation lawyers in Rhode Island resource or visit the RI workers’ comp benefits to better understand your medical rights. You may also find it helpful to read more about insurance-ordered exams or how medical evidence influences your case.

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