Which doctor should I see after a work injury? 5 reasons you should see your own doctor
Published on September 27, 2024 by Heidi Shooks and Lucinda Gunning
If you’ve been injured at work, your primary concern should be your health and recovery. An important decision you will need to make to assist your recovery is which doctor will manage and oversee your treatment.
Injuries at work often give rise to entitlements under the Workers Compensation Act 1987 (NSW) (WCA).
When you make a workers compensation claim, your employer or their insurer may recommend a doctor to oversee your treatment however, it is often in your best interest to see you own doctor instead. 5 reasons for this are below:
1. Personalised and trusted medical care
Your own doctor is familiar with your medical history and has already established a relationship with you. With an informed perspective of your overall health, your own doctor can often can provide a more personalised treatment plan. A trusting relationship with your doctor can also be important if your work injury has impacted your mental health, which can often be difficult to talk about. Being comfortable to accurately explain the history of your injury and its ongoing effects is important to ensure appropriate treatment is provided in a timely manner.
In contrast, a doctor recommended by your employer or their insurer is unlikely to obtain the same level of detail of your medical history. This can affect the care provided, and may result in a more narrow approach to your treatment plan, delaying your recovery.
2. Objective medical reporting
Medical reports play a critical role in your workers’ compensation claim as they document the extent of your injuries, your treatment plan, and your prognosis. These reports also form the basis of your compensation entitlements under the WCA. A doctor recommended by your employer or their insurer, may be biased towards the interests of the insurer, potentially underreporting the cause and/or severity of your injuries.
Your own doctor, on the other hand, is more likely to provide an objective and unbiased assessment of your condition. This is important should there be a dispute about the extent of your injuries or your capacity to return to work. An accurate and impartial medical report is essential for ensuring you receive the compensation you are entitled to.
3. Greater control over your treatment
Seeing your own doctor gives you more control over your treatment options. Your doctor can recommend specialists, therapies, and/or medications which may be support your recovery.
A doctor acting in the best interest of the insurer is more likely to consider a more cost-effective treatment plan and may inhibit or delay your recovery as a result.
Your own doctor is often better placed to work with you to monitor and adjust your treatment plan as needed. This flexible approach can make a significant difference in your recovery, helping you to return to work as soon as possible and in the best possible health. Your doctor is also often better suited to support your rehabilitation plans moving forward.
4. Protection of your legal rights
As an injured worker, you have the right to choose your own treating doctor and rehabilitation provider. When you see your own doctor, you’re less likely to feel pressured into returning to work before you’re fully recovered, which can sometimes occur if you’re seeing a doctor recommended by the insurer.
Your own doctor is better positioned to advocate for your needs, whether that involves recommending further time off work, ongoing treatment, or a gradual return-to-work plan. This advocacy is crucial for ensuring that your recovery is not compromised by financial or workplace pressures and that your compensation reflects your needs and circumstances.
5. Continuity of care after your claim
Finally, seeing your own doctor ensures continuity of care after your workers’ compensation claim is resolved. Injuries sustained at work can have long-term health impacts, and having a doctor who understands your history and the details of your injury is important to allow for ongoing monitoring, and if necessary, further treatment.
Seeing your own doctor after sustaining an injury at work is important in protecting both your legal rights and health. By choosing to see your own doctor, you’re taking a proactive approach to your recovery and your workers’ compensation claim, helping to ensure the best possible outcome for you.
Please note that this article does not constitute legal advice. If you are seeking professional advice on any legal matters, you can contact Carroll & O’Dea Lawyers on 1800 059 278 or via our Contact Page and one of our lawyers will be able to assist you.
