In many states, an injured worker has the right to choose who will be his or her treating physician. That’s not the case in New Jersey, though. Instead, your employer can choose who will examine you and often who will treat you. That begs the obvious question—if the doctor is handpicked by your employer, can you trust that you’ll get a fair shake? The good news—most often the answer is “yes.”
The Doctor’s Professional Obligations
Your treating physician, as a medical professional, has certain ethical obligations. One of the most fundamental is the priority of the doctor-patient relationship. What does this mean? First of all, it means that the doctor’s primary duty is to you, the injured party—not to your employer. If your physician violates that trust in any way, by failing to acknowledge the severity of your injury, or by providing any false information that benefits your employer, he or she can be subject to professional discipline, including the loss of the right to practice. Because of the potential for sanctions, most medical professionals take their responsibilities seriously.
So what can you do if you suspect that your company-selected doctor is wrongfully dismissing your injury claims? You do have the right to seek a second opinion. However, unless you choose a doctor who is approved by your employer, the costs of that visit will probably not be covered and your employer may ignore any finding. If you do choose an approved physician, who makes a different diagnosis than the first doctor, you’ll likely have to go to a third doctor to have the matter resolved. The matter can get complicated in a hurry. That’s why it’s really in your best interests to hire competent legal counsel early in the workers’ compensation process.
Contact Us
At Taylor & Boguski, we bring more than 70 years of combined legal experience to people throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.
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