I Cannot Find a Workers Comp Doctor

The NY workers comp law permits the workers to select a treating doctor (who is licensed by the WCB). (See our section on NY Workers Comp Law and Regulations Here). But that does not mean that one will be easy for your employees to find. Many times in the history of workers comp law, physicians and surgeons have chosen to surrender their Workers Comp Board authorization to treat, rather than continue with the paperwork and, above all else, the staggering amount of testimony on truly small matters.

It may not be very common for employers to be asked to help, but that simply may have to do with the general impression that the employer has no role whatsoever to play in the medical treatment. The impression is completely false.[WCx]

Sect 13-a(1) of the Workers Compensation Law in fact states that if a worker asks an employer to assist in finding the worker a doctor, the employer MUST help. The worker, in turn, must sign Form C-3.1, which demonstrates that the worker knows that he has the right to select, but that the employer can be asked to assist.

There is an erroneous impression that only employers with qualified medical facilities or a PPO are involved. In fact, any employer could get that request.

What should an employer do, if asked? First, do not panic or try to pass the responsibility to someone else. The safest thing to do is to take the worker to the nearest large hospital and ask the staff to help. They have seen this before. Chances are, after an initial examination the hospital will be in a position to refer the worker to a comp board approved qualified professional. And the worker will be grateful.

After that, the claim should proceed quite normally. Except that it will proceed with far less tension.[WCx]

A little assistance goes a long way, especially in a system known for delays, confusion and misunderstandings. The employer is spared most of the problems associated with comp proceedings (except for the costs, which the employer alone bears in full) but the worker bears the full fury of the administrative turmoil. The employees, and their families, will appreciate the employer’s small, but significant assistance.

Author: Attorney Theodore Ronca is a practicing lawyer from Aquebogue, NY. He is a frequent writer and speaker, and has represented employers in the areas of workers’ compensation, Social Security disability, employee disability plans and subrogation for over 30 years. Attorney Ronca can be reached at 631-722-2100. [email protected]

WORKERS COMP MANAGEMENT MANUAL: www.WCManual.com
MODIFIED DUTY CALCULATOR: www.LowerWC.com/transitional-duty-cost-calculator.php

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.

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