Can I Choose My Own Doctor after a Delaware Workplace Injury?

If you were injured on the job and have questions about the workers’ compensation process, talk to the attorneys at Silverman, McDonald & Friedman. We can help ensure you receive all the benefits to which you’re entitled. Schedule a free consultation with one of our attorneys today. We have offices in Wilmington, Newark and Seaford.

After a work injury or occupational illness, as an employee, you’re entitled to workers’ compensation benefits. However, we’ve found that many workers are under the mistaken assumption that Delaware’s laws prohibit employees from choosing their own doctors and physicians after experiencing a work-related injury.

However, here in the Diamond state, employment law allows us the right to choose our own doctors after an injury on the job. The misconception may have come from the fact that your employer does have the right to require you to be seen by a company-chosen doctor as well. The physician is supposed to be impartial; his or her job is to confirm the extent of your injuries and whether or not the treatment, medication, and instructions from your doctor are necessary and reasonable.

You are still permitted to choose your own doctor for treatment, however. And it’s important that you do, even if your employer or the workers’ compensation representative gives you a list of medical providers to choose from. This is because employer- or insurance-recommended doctors tend to be more concerned with getting you back to work rather than your long-term health.

If your employer tries to force you or tell you that you’re required to use a company physician, contact a workers’ compensation attorney immediately. Even though you have the right by law to choose your own doctor after a workplace injury, some unscrupulous employers or insurance providers may still interfere, in an attempt to avoid paying your claim and force you to switch to their chosen doctor.

Why claims are denied even when your doctor says you’re hurt

Tactics insurance companies and employers use to deny claims include alleging that your injury wasn’t caused by your job, or that your prescribed medical treatment is unreasonable or unnecessary. If the insurance provider then refuses to pay for ongoing treatment, you won’t be able to continue unless you can pay out of pocket. Denying or delaying valid medical treatment is not only frustrating, but can be dangerous for your health.

Understand that you do have choices after an accident or injury on the job. If your employer or their insurance company says that you do not, it’s important you contact a workers’ comp attorney to protect your rights as soon as possible.

If your workers’ compensation claim is being denied or delayed, talk to the lawyers at Silverman, McDonald & Friedman. We have years of experience and can work with you in getting the care and benefits you deserve. Contact us today for a free consultation – we have offices in Wilmington, Seaford, and Newark. Call 302-888-2900 or fill out our contact form.