Access to medical care is one of the most important benefits under workers’ comp and how to comply with the 28 day rule.
A question we often get from clients in Michigan is can workers’ comp force you to see their doctor? The answer is no, except for limited circumstances. Workers’ comp protects employees who are hurt on-the-job. It guarantees payment of medical treatment regardless of fault. All reasonable and necessary medical treatment should be covered, and this is potentially a lifetime benefit. (MCL 418.315(1)) There should never be any copayments or deductibles owed. Individuals are permitted to choose their own doctor after 28 days from the start of medical care.
Medical treatment and services that are covered under workers’ comp include: ambulance runs, emergency room visits, hospital stays, doctor visits, medication, physical therapy, injections, durable medical equipment, and surgery. It is also possible to have vehicle and home modifications paid. Mileage to and from doctors should always be reimbursed.
Attendant care is also provided to help with activities of daily living. This can be a 24/7 benefit if needed. In Michigan, workers’ comp can’t force you to see their doctor for attendant care as well. Attendant car can be provided by professional nurses of your choosing or family members. Family members can get up to 56 hours paid each week. (MCL 418.315(1)) The hourly rate should be equivalent to what a professional nurse would charge for provided services.
Can workers’ comp force you to see their doctor in Michigan?
In Michigan, workers’ comp can’t force you to see their doctor. Individuals on workers’ comp are allowed to select their own doctor after 28 days from the start of medical care. (MCL 418.315(1)) They cannot be forced to see a medical provider or undergo any treatment. Insurance companies are only permitted to have a person examined by a doctor of their own choosing for an assessment.
28 day medical rule
Most people who get hurt on-the-job are initially sent to industrial clinics. Our experience shows they facilities are poor, and treatment is subpar. Though workers’ comp can’t force you to see their doctor in Michigan, we recommend that anyone who has a workplace injury choose their own physician after 28 days.
What about surgery?
Insurance companies cannot force anyone to have a surgery. However, treatment options that are reasonably likely to cure a disability cannot be ignored. Refusal can serve as a basis to stop payment of benefits. If a proposed surgery is dangerous or invasive, then good cause may exist to refuse. The proposed surgery must also offer a reasonable chance to be successful.
Independent medical examination
In Michigan, though workers’ comp can’t force you to see their doctor insurance companies are permitted to have a person examined by a physician of their own choosing. This is called an independent medical examination (IME). It is not for medical treatment but just an assessment. Unfortunately, some of these doctors make careers out of testifying against employees and earn millions of dollars in the process. The IME often results in a benefit cut-off. We recommend calling a workers’ comp lawyer should this occur.
Injured on the job in Michigan and wondering if workers’ comp force you to see their doctor? Call our attorneys now for a free consultation!
If you were injured on the job in Michigan and are wondering if workers’ comp can force you to see their doctor, call now (855) 221-2667 or fill out our contact form for a free consultation with an experienced lawyer. There is absolutely no cost or obligation. We’re here for you.
For more than 40 years, our lawyers have been helping people like you who have suffered from on the job injuries in Michigan. We understand the physical, emotional, and psychological hardships you are experiencing from your accident. We also have the skill, experience, and know-how to protect you and get you the best possible payout amount for your case.
To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Remember, every work injury claim and settlement is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 40 years. Call (855) 221-2667 for a free consultation today.
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