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. 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. 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. 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 while on-the-job in Michigan? Contact our lawyers now
If you were injured while on the job in Michigan and are wondering if workers’ comp can force you to see their doctor or any other questions surrounding your claim, call now or fill out our contact form for a free consultation. There is absolutely no cost or obligation. Our attorneys are here for you.
Our attorneys have been exclusively helping injured workers in Michigan for more than 35 years. Our attorneys can help you better understand Michigan work injury laws and what happens after someone has been hurt on the job. 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.
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 35 years. Call (844) 316-8033 for a free consultation today.
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