In Virginia, an injured employee with a workers' compensation claim can change their treating physician in limited circumstances. 

 If you've been hurt at work, obtaining critical medical care becomes your priority. Virginia's Workers' Compensation Statute requires that employers provide a list of at least three physicians from which an injured employee may select a treating physician.

An injured worker places a tremendous amount of trust in their treating physician. It can be incredibly frustrating for an injured worker if their relationship with their treating physician becomes contentious.

How Can I Change My Treating Physician?

In Virginia, a unilateral decision to change doctors may jeopardize the injured employee's medical coverage or their claim.

At Ackerman & Falcon, we understand that health care is personal. We can help you identify and implement a strategy to change your treating physician that may include:

·      Obtaining a Referral from Your Treating Physician. Generally, if your treating physician refers you to another health care provider for treatment, your employer and their insurance carrier must pay for the care.

Asking for a referral can be awkward, and our firm can help you decide when to ask and what to request.

·      Requesting a New Panel from Your Employer. Your employer or their insurance carrier may offer you a new panel (an approved list of doctors) from which to choose a new physician. However, most insurers rarely facilitate these changes voluntarily. If they do accommodate your request without a fight, it is critical to investigate why. Insurance companies often hand-pick panels featuring conservative doctors who are more likely to minimize your injuries and clear you for work prematurely.

·      Filing a Motion with the Virginia Workers' Compensation Commission (the Commission). The Commission may order a change of physician if there is a reasonable justification for the change. Reasonable justifications may include receiving inadequate or unconventional treatment or concerns about the effectiveness of the treatment plan.

 Any motion filed with the Commission must be supported with evidence that justifies the change.

Let Ackerman & Falcon Help You Fight for the Medical Care You Need

If you believe a change of physician is necessary for your health and recovery, let us help. To discuss your case, call Ackerman & Falcon at 703-288-1400 or schedule a free consultation online.