Employment comes with some degree of risk. Every job has different safety concerns for employees to address. Teachers and other educational professionals are at high risk of catching infectious diseases from their students, while retail workers may be at risk of violent interactions with shoplifters or robbers.
There are also hazards that affect workers in a variety of professions, such as the risk of a car crash while on the clock or repetitive strain injuries caused by performing the same job functions for years. Most direct-hire employees working for companies with multiple employees may be eligible for workers’ compensation benefits if they sustain injuries on the job. People diagnosed with work-acquired conditions may also be eligible for benefits.
Those benefits may include medical coverage and disability pay. The doctor overseeing the worker’s treatment may determine what types of care they require and when they return to work. Who gets to select the physician overseeing a claim?
Employers often select the physician
The workers’ compensation program in New Mexico allows the employer to select a physician. Typically, the employer must notify workers in writing of the physician selected and the need to defer to the company’s choice. However, employers can also allow workers to select their own physician.
An injured employee or a worker diagnosed with a job-related medical condition may need to talk to their manager or someone in human resources to determine if the company has a physician already selected for workers’ compensation claims. The ability to choose a physician is valuable in scenarios where employers permit it.
Even if the company does choose the physician, the worker still has numerous protections under the law. For example, if they require extended treatment, they can request to change their doctor after roughly two months of care. Workers have the right to change the doctor overseeing their care 60 days after treatment begins. It may also be possible to seek a second opinion from another doctor to review the treatment plan before applying to change physicians.
Reviewing what led to a workers’ compensation claim with a skilled legal team can help an injured employee determine their options. Those frustrated with the choices of a physician may have the right to appeal or to select an alternate medical doctor when receiving care for a work-related medical issue.