Tennessee Workers Compensation Claims: Seeing a Doctor
When we are injured or sick, it is natural to want to see a doctor as soon as possible. Tennessee workers compensation law, however, places requirements on both the employee and employer prior to selecting a doctor and getting medical treatment.
As is always the case, the injured employee must notify his or her employer knows that an injury has been sustained. As soon as the employer has notice of the injury, the employee must be provided a “panel” of (3) doctors. The injured employee must then choose a doctor from this “panel.” Any medical issues treated and diagnosed by this chosen doctor are the employer’s sole financial responsibility.
Sometimes, for a variety of reasons, a panel of (3) doctors is not provided by an employer in a timely fashion. In cases where the employer had notice of the employee’s injury, but never provided a panel of (3) doctors, the employer would later liable for payment of any doctor’s services that the employee incurred while getting treatment. On the other hand, if an injured employee refuses to accept the medical treatment offered by the employer, the employee’s right to workers compensation benefits would be suspended.
As always, there are a number of exceptions to the general rules. In some cases, an employee and employer can come to an agreement about using a doctor of the employee’s choosing. In other cases, an injured employee can ask a Tennessee court to appoint a neutral physician, and the employee and employer would split the cost. An employee is always free to see a doctor of his own choosing and be personally liable for all the costs.
In most cases, however, the employee should focus on ensuring that the employer has notice of a work-related injury as soon as it occurs, and request a (3) doctor panel.
If you have any questions, please call one of the experienced Memphis area workers’ compensation attorneys at Bailey & Greer for a free consultation.
Since graduating magna cum laude in 2005 from the University of Memphis School of Law, Thomas has helped make a difference in the lives of victims of serious personal injury, wrongful death, and professional negligence. Thomas has extensive trial experience in both state and federal court. Among other victories in the courtroom, Thomas obtained several impressive jury verdicts and settlements
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