January 3, 2020 | Workers' compensation

In Nebraska when you are hurt on the job, you have a right to choose your own doctor. This is one of the most important rights you can exercise to ensure that you receive the treatment you need.

If your employer tells you right after you are injured that you have a right to choose a doctor to treat your injury, then you must choose a doctor who has treated you or an immediate family member in the past. Once the doctor is chosen under this scenario, that doctor can make referrals for testing and to specialists and those are considered to be within the chain of referral and should be paid if they are related to the injury. However, if you want to change doctors, you either have to get the insurance company to agree or go to the Nebraska Workers’ Compensation Court to approve a change. If you go to a new doctor (outside of the referral given by the original doctor) on your own, the insurance company may not have to pay the bill even if it is related.

Sometimes an employer might wait several weeks before notifying an injured worker that he or she has a right to choose a doctor. Sometimes an employer may never notify the employee. The employer might just tell you that you have to go to the company doctor or in-house medical staff. While the employer does have a right to have you examined by a doctor the employer chooses, this is not for treatment and is only allowed “from time to time.” Therefore, you really do not have to treat at a company care clinic.

If the employer delays or fails to notify you of your right to choose a doctor, you can choose any doctor and they cannot object and must pay, provided the treatment and evaluation recommended is reasonable and necessary as a result of a work-related injury.

You might at some point be asked to sign a Form 50. This form is on the Court’s website in both English and Spanish. When you do, read the form carefully. If it says that you were notified and you were not, DO NOT CHECK THAT BOX. You may also choose ANY doctor to treat you. It’s ok to put the name of the doctor you choose on the form, but if you were not notified initially after the injury, you shouldn’t state that you were on the form. Without proper notification by your employer, you are free to choose any doctor and change doctors if you want.

If you were notified and have a family doctor, an urgent care clinic, or some other medical provider who has seen you or anybody in your family in the past for any reason select that physician and write it on the form. Keep in mind, though, again, if you are looking at the form a month after your injury, unless you just woke up from a month-long coma, and are just now finding out that you had a right to choose a doctor, that is not really effective notice of your right to select a doctor, so a) DO NOT indicate you were properly notified and b) choose any doctor. If you are confused, at a minimum make sure that the form is dated for the date you are signing it. Down the road if issues develop and you retain an attorney, the form can be addressed. However, that does not ensure immediate treatment with your own selected physician, which is extremely valuable and important, so make sure to ask questions and do not sign a form that is not accurate.

Your employer can only choose your doctor for treatment in two limited situations: where you do not have any doctor who has treated you or a family member in the past for any reason or if you let them. If you have questions about exercising this important right to select a physician, please contact our office. Initial consultations are always free of charge.

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