Can You Choose Your Own Doctor For A Florida Workers’ Comp Claim?

You slipped on a wet floor at work, or maybe you strained your back lifting something you handle every day without a problem. Either way, you are hurt, and your first instinct is probably to call the doctor you already know and trust. So why does your employer’s insurance company seem to have other plans?

Who Really Picks Your Doctor?

It might come as a surprise, but in most Florida workers’ compensation cases, the injured employee does not get to choose their own treating physician. Florida Statute Section 440.13(2)(a) places that responsibility on the employer and its insurance carrier, who are required to furnish medically necessary treatment, but through a provider of their own selection. This is often referred to as the “authorized treating physician,” and treatment obtained outside this arrangement may not be covered.

Why structure the system this way? Part of the reasoning is cost control and consistency of care, since the carrier is the one footing the bill. But if you have ever wondered whether the doctor examining you has any real incentive to side with you over the insurance company, you are asking a fair and important question.

What If You Do Not Like The Doctor You Are Given?

Does this mean you are stuck with whatever physician the carrier hands you, no matter what? Not entirely. Florida law does allow for a one-time change of physician under Section 440.13(2)(f). If you are dissatisfied with your assigned doctor, you can request a change in writing, and the carrier generally has a limited window to respond with an alternative.

What happens if the carrier misses that window entirely? That is a more nuanced question, and the answer can depend heavily on the specific facts of your case and how the request was documented.

Emergency Situations Work Differently

Suppose your injury happens outside of normal business hours, or is severe enough to require immediate hospitalization. Does the same selection process apply? Not quite. Emergency care generally does not require pre-authorization from the carrier before you can be seen, since the priority in a true emergency is getting you stabilized first and sorting out administrative details afterward.

That said, notice requirements still apply on the back end, and how a case is documented in those early hours can matter later on. It is worth asking yourself: if you were injured tomorrow, would you know what steps to take in the first 24 hours?

Need Guidance from an Orlando Workers’ Compensation Attorney?

Navigating who controls your medical care after a workplace injury can feel disorienting, especially when you are also trying to recover physically. If you have questions about your rights under Florida’s workers’ compensation system, an Orlando workers’ compensation attorney from Hornsby Law Group may be able to help you understand your options. We work with injured employees throughout Orlando and Winter Park who are trying to make sense of a process that was not designed to be simple. If you have been hurt on the job and are unsure where you stand, reach out to our office for a consultation.

Source:

flsenate.gov/Laws/Statutes/2024/440.13