After a workplace injury, medical treatment should always be the top priority. Seeking treatment right away can help prevent the injury from worsening and can get the injured worker back up on their feet sooner.
Many injured workers assume they must see a physician selected by their employer or the workers’ comp system. However, the injured worker may be able to use a provider of their choice, especially for an initial visit immediately after their injury.
In Ohio, injured workers generally do have the right to choose their treating physician in a workers’ compensation case. However, that choice comes with important limitations and procedures. Understanding how the system works can help injured workers avoid delays in treatment and protect their claims.
How Ohio’s Workers’ Compensation Medical System Works
Ohio’s workers’ compensation system is administered through the Bureau of Workers’ Compensation (BWC). Typically, a physician or healthcare provider certified through the BWC must provide medical treatment connected to a workers’ compensation claim.
This certification requirement is important. Even if a worker already has a trusted family doctor or specialist, that provider may not be authorized to treat work-related injuries under the Ohio system unless they are BWC-certified.
Once a claim is filed and allowed, the injured worker can select a treating physician from the approved provider list. That doctor becomes responsible for diagnosing the injury, recommending treatment, and documenting work restrictions and disability status.
Injured Workers Usually Have the Right to Choose
Ohio law generally allows injured workers to choose their own treating physician rather than using a doctor selected by the employer. This gives workers more control over their medical care and allows them to work with a provider they trust.
However, the physician must be certified by the BWC. If the worker wants to continue care with an existing doctor who is not certified, the doctor may need to complete the certification process before treatment will be covered.
This distinction can be confusing. The worker is not required to use the employer’s preferred doctor, but the chosen provider must still meet the state’s approval requirements for the worker to receive coverage benefits.
What Happens Right After the Injury?
Immediately after a workplace injury, emergency treatment takes priority. If the injury requires urgent care, the worker should seek immediate medical attention, regardless of whether the provider is BWC-certified. The good news is that emergency care is always covered, regardless of whether the doctor providing it is certified.
After the emergency, ongoing treatment typically transitions to an approved provider. At that point, the worker may select a BWC-certified physician to manage care moving forward.
Employers sometimes send injured workers to a specific clinic after an accident. While that initial evaluation may be appropriate, it does not necessarily mean the worker must continue treatment there permanently.
Can a Worker Change Doctors?
In many cases, yes. Injured workers in Ohio may change treating physicians if necessary. Common reasons include communication problems, dissatisfaction with treatment, or concerns that the doctor is not properly addressing the injury.
The process generally requires notifying the BWC and ensuring that the new physician is also BWC-certified. Treatment records are then transferred to the new provider.
Changing doctors too frequently can create complications, especially if medical opinions begin to conflict. However, workers do not have to remain with a physician who is not providing appropriate care.
Independent Medical Examinations
Even though workers can choose their own treating physician, employers and the BWC may still require independent medical examinations (IMEs). These evaluations are performed by doctors selected by the employer, insurer, or state to assess the injury and work status.
An IME doctor does not replace the treating physician. Instead, the purpose is to provide an independent opinion about issues such as:
- Whether the injury is work-related
- Whether treatment is necessary
- Whether the worker can return to work
- The extent of permanent impairment
These examinations often become points of dispute, especially if the examining physician disagrees with the doctor about the course of treatment.
Disputes Over Treatment
Employers and the BWC do not automatically approve every treatment recommendation. Requests for surgery, therapy, medications, or specialist referrals may be challenged, even when it is doubtful they are needed.
When disputes arise, the opinions of both the treating physician and IME doctors may become central to the case. If treatment is denied, the worker may have the right to appeal the decision through the Industrial Commission of Ohio.
What If the Employer Pressures the Worker?
Some injured workers feel pressured to use the employer’s chosen doctor or clinic. Others worry that choosing a different physician will create problems at work.
In Ohio, the worker generally retains the right to choose a qualified BWC-certified treating physician. Employers cannot force workers to continue treatment with a provider they do not trust simply because the employer prefers that doctor.
The Importance of Consistent Treatment
One of the most important things an injured worker can do is consistently pursue their prescribed treatment plan. Gaps in treatment or a failure to follow medical recommendations can dramatically weaken a claim. Insurance representatives may argue that the injury is not serious or that the worker has fully recovered, even when neither is true.
Discuss Your Rights With Nurenberg Paris
At Nurenberg Paris, our Cleveland workers’ compensation attorneys do more than help you navigate the claims process. Recovering from a serious, work-related injury is never easy, and we can make sure you get the treatment you deserve without getting saddled with a bill.
If you are ready for help with your case, now is the time to reach out for a free consultation. Contact us as soon as possible to get started.
