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770-626-7895Hurt on the job in Athens or elsewhere in Georgia? You need to get the proper medical care. Georgia’s no-fault workers’ compensation laws provide important legal protections. This raises an important question: Can you see your own doctor after a worker injury in Athens? The short answer is “no,” or at least not in all cases. Many employers in Georgia will provide a pre-approved list of physicians that you can choose from. At The Larrison Law Firm, we are proud to be strong advocates for injured workers. Here, our Athens workers’ compensation attorney explains the key things to know about seeing your own doctor after a job-related accident in Georgia.
Can You See Your Own Doctor On Workers’ Comp in Georgia?
After an accident while on the job in Athens, most people have questions about how their medical care works. You may be wondering, “Can I go to my own doctor for workers’ comp?” or “Can I see my own doctor for workers’ comp?” The specific circumstances of the case always matter. With that being said, Georgia workers’ comp generally requires injured workers to go to one of the physicians that their employer has pre-approved. This is where having an experienced workers’ compensation attorney is crucial because they can guide you in making your initial selection to ensure you select the best doctor from the panel who is most suited toward getting you the care you need.
The key point to know is that Georgia law gives injured workers the right to medical treatment, but it does not give them unrestricted freedom to choose any doctor. Under O.C.G.A. § 34-9-201, most employers must maintain a valid “panel of physicians” or an approved managed care organization (MCO). You must select your authorized treating physician (ATP) from that list unless your employer failed to post a compliant panel or failed to provide proper notice. When the panel is defective (such as if an employer never actually puts one in place), you can generally choose your own doctor. Still, if the panel complies with Georgia workers’ compensation law, you need to go to one of the doctors on the list. The failure to do so could result in the insurer not paying for your medical bills with any unauthorized providers.
Important Exception: Emergency medical care is always permitted with any provider, and it does not count as your formal selection. Severe injuries require immediate emergency medical attention. That is the top priority. Doctor selection questions come later on in the process, once the emergency care needs of the injured worker are addressed.
Injured Workers in Athens Have Very Important Rights Regarding Doctor Selection
While you cannot choose your own doctor directly with most workers’ comp cases, that does not mean that you are without legal rights. Even when you select an ATP from the panel, you retain certain rights. You can make one change of physician within the panel without approval, and you can request a change to a non-panel doctor by filing a motion with the State Board of Workers’ Compensation. The Board may approve the request if you show good cause, such as inadequate care or lack of specialty expertise. If you have questions about changing a doctor, a top-rated Athens, GA, workers’ compensation attorney can help.
Workers’ Comp is No-Fault in Georgia (and an Exclusive Remedy)
Workers’ compensation in Georgia operates as a no-fault system and serves as the exclusive remedy for most workplace injuries (O.C.G.A.§ 34-9-11). You do not need to prove that your employer did anything wrong to recover benefits. You only need to show that the injury arose out of and occurred in the course of employment. In exchange for this no-fault structure, you generally cannot sue your employer in civil court for damages. Your claim must proceed through the Georgia workers’ compensation system. You can seek compensation for medical care and wage replacement. If you have any questions or concerns about how the system actually works in practice, an experienced Athens, GA, workers’ compensation attorney can protect your rights and your interests.
Can You Choose Your Own Doctor After a Work Injury in Georgia?
In most cases, your decision to pick a doctor is limited. Here is how the law works: Most workers who are hurt on the job in Georgia must choose their Authorized Treating Physician from the employer’s posted Panel of Physicians. A valid panel limits you to the listed options. A defective or missing panel allows you to choose your own doctor. In other words, if your employer puts a panel in place, you have to pick a doctor from that list. However, if your employer did not put a panel in place, you may be able to select your own doctor.
What Happens If Your Employer Never Shows You the Required Panel of Physicians?
That means that your employer has violated their obligations under the law. Georgia law requires proper posting and explanation of the Panel. If your employer fails to meet those duties, you may select your own doctor. The insurer must still authorize treatment when the panel is invalid. If you have questions about navigating this type of issue, a top Athens workers’ comp lawyer can help.
Can You Switch to a Different Doctor During Your Claim?
Yes. You are allowed one automatic change from one panel doctor to another without needing approval. If you need an additional change, you must request permission from the State Board of Workers’ Compensation and show that your current doctor is not providing appropriate care. In some cases, however, your attorney can negotiate and agree upon a mutually acceptable new doctor directly rather than having to go through the process to obtain prior approval from the Board. This is one of several reasons why having an experienced workers’ compensation attorney is critical to your successful resolution of your case.
Does Emergency Medical Treatment Count as Your Doctor Selection?
No. Emergency care does not count as your formal choice of doctor. You can still select or change your Authorized Treating Physician after the emergency stabilizes. The insurer must cover true emergency treatment regardless of the Panel. The bottom line is that your health and safety are an absolute top priority in an emergency. Injured workers need to get emergency medical care right away. You do not need to worry about selecting your provider from the panel.
Can You Use Your Own Specialist If the Panel Lacks the Right Expertise?
A Panel must include different types of doctors, including an orthopedic provider. If the Panel lacks the specialty required for your injury, you may have grounds to challenge its validity. The Board can authorize treatment with an appropriate outside specialist. If you have any questions or concerns about picking a specialist, our Athens workers’ compensation attorney can help.
How Athens Workers’ Comp Attorney Brady M. Larrison Can Help
Hurt on the job? It is crucial that you are able to access the right medical care. In some cases, that includes specialty care. Injured workers deserve a doctor they can trust. Our founder, Brady M. Larrison, is committed to helping injured workers navigate our state’s complex workers’ compensation claims process, including navigating choice-of-doctor regulations. We have the case results and client testimonials that show what we can do for injured workers and their families. With an office in the 30601 zip code of Athens and the 30052 zip code of Loganville, our firm handles workers’ comp claims and workers’ comp appeals throughout the entire region.
Contact Our Athens Workers’ Compensation Attorney Today
At The Larrison Law Firm, our Athens workers’ compensation attorney is standing by, ready to protect your rights and your interests. If you have any questions about the workers’ comp claims process, we are here to help. Call us now or contact us online for your free, completely confidential case review. With an office in Athens, we handle workers’ compensation cases throughout the surrounding area, including in the zip codes of 30601, 30602, 30603, and 30604.
