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What are my options if I don’t agree with the workers’ comp doctor?

The options you have if you don’t like your workers comp doctor may vary. In some states, you are permitted to change doctors by putting in a request to the insurer and you may do this as many times as you want. In other states, you can change doctors but are limited to a specific list of approved physicians. In still other jurisdictions, you may be allowed to change doctors only once or you may not be able to change unless a given amount of time has passed.

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Can I sue my employer for negligence or reckless behavior that injured me? What about workers comp?

Unless your employer did something to harm you on purpose, you generally are not going to be able to sue him for negligence, even if he was egregiously careless and reckless. This is because all states in the US have established a different system called workers’ compensation, which is an exclusive remedy system. Under the workers’ comp system, employers do have responsibility to their employees for work injury, but that responsibility comes under workers comp insurance and lawsuits aren’t permitted.

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Do I have to be examined by the workers’ comp doctor to get my benefits?

If your employer’s insurance carrier has recommended you see a doctor, then you probably do need to see that doctor in order to get benefits. It’s unlikely they think you need further (or different) medical care — chances are that the insurance company is contesting some part of your claim. The examination being recommended is likely called an “independent medical exam,” or IME, though the exact names used for the exam and even for the doctor may vary based on the state you’re in.

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Do I have to actually be working when I’m injured in order to qualify for workers’ compensation benefits? What if I’m injured during my lunch break?

In order to collect workers compensation benefits, you must prove that your injury or illness arose as a direct result of performing required job duties, or as a direct result of your employment relationship. You do not need to prove that your employer was negligent or careless in any way in order to collect workers comp benefits, even your own negligence won’t disqualify you if your behavior did not violate company policy. Injuries that occur on a lunch break are generally not going to qualify you for workers compensation benefits except in special circumstances.

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Florida Workers’ Compensation Laws

Florida workers’ compensation laws address many of the issues that arise when a Florida employee suffers a disability due to an incident on the job. Benefits are provided under the Florida workers’ compensation system.

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What is an “independent medical examination” (IME)?

In the world of workers compensation insurance, an “independent medical exam” (or “IME”) refers to a third-party medical exam of an insurance claimant’s physical condition, with emphasis of course on the injury at issue. IMEs are usually not requested or issued until after at least one other doctor has opined on your (the claimant’s) condition, so the point of an IME is not the medical care itself, but rather the written report that comes out of it.

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New York Workers’ Compensation Laws

New York workers’ compensation laws deal with employment injuries and illnesses. Employers in New York are required to have workers’ compensation insurance so that they can provide benefits to employees who get injured or become ill because of work-related conditions or accidents. In New York, claims for workers’ compensation should be filed with the New York Workers’ Compensation Board.

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