Unhappy with the Doctor the Insurance Company Picked?
Working Against You
Claimants can no longer select their own doctor when pursuing a workers compensation claim in the state of Florida. Instead, the doctor is chosen by the insurance company. The insurance adjusters often develop mutually beneficiary relationships with doctors they choose, persuading these doctors to side in favor of the insurance company. These companies have curated lists of doctors to whom they send many patients each year. Insurance adjusters also summon these doctors for their medical opinion pertaining to workers’ compensation cases. Therefore the doctor is likely to perceive minimal pain and suffering in an attempt to save the insurance company’s money and detract from the claimant’s compensation.
One-Time Change of Physician
Claimants are allowed a one-time change of physician for their workers’ compensation claim. However, this is rarely beneficial to the client as the insurance companies may also choose the second doctor from a list of physicians who are also in their pocket. Rarely does either doctor chosen by the insurance company have the best interests of the injured worker in mind.
How an Attorney Will Help
While neither of the doctors the insurance adjusters choose will be very cooperative, a lawyer may choose an independent medical examiner (IME) to look over your case. The IME chosen by your lawyer is not permitted to give treatment, however the examiner is allowed to make recommendations regarding treatment. The opinion of the IME may be used in court to contradict the opinions of the doctors chosen by the insurance company. If your case goes to trial, the judge must pick an Expert Medical Advisor (EMA) who will weigh the opinion of the insurance company’s doctors versus your independent medical examiner to determine which diagnosis is correct. The EMA is chosen from a list of doctors propagated in Tallahassee.
Navigating the complex statutes surrounding workers’ compensation in Florida can be a difficult task. Insurance companies may take advantage of claimants who have not enlisted the assistance of a skilled attorney. If you or someone you know has been injured and is pursuing a workers’ compensation claim, it is imperative you find the right attorney to get the compensation you deserve. Call experienced attorney Frank Eidson, P.A. at 407-410-4316 for a free case review. Additionally, you may email Frank personally at email@example.com or visit his office at 327 N. Orange Ave, Orlando, FL, 32801.