Can I See My Doctor in a Workers’ Compensation Claim?

July 25, 2025 Workers' Comp

As a professional with a unique dual role as a neurologist and an attorney, I’ve guided numerous patients and clients through the intricate world of workers’ compensation. One of the most common and frustrating queries I encounter is: “Can I see my doctor for my work injury?”

It’s a fair question. When you’re hurt, you want to be treated by someone you trust. But understanding workers’ compensation laws is crucial, as they don’t always make it easy. In many states, including Nevada, your ability to choose your treating physician depends on timing, documentation, and whether your employer has a managed care organization (MCO) or preferred provider network (PPN) in place. The more you know about these laws, the more empowered you will be in your recovery.

Let’s unpack the details so you know what to expect—and what your rights are.

The Initial Visit: Emergency vs. Routine Care

When you sustain a work-related injury that requires immediate medical attention, such as a serious construction site injury or sudden severe back pain at your desk, you should head to the nearest emergency room or urgent care center. This initial visit is typically covered regardless of the provider. However, once the emergency is stabilized, the situation changes.

But after that, the emergency is stabilized, and things change.

Once your employer or their insurance provider takes over management of your claim, they may require that you select a physician from an approved list of doctors. In some states, you must even notify your employer within a specific time frame if you want to request a different provider. If you fail to follow these rules, you may jeopardize your benefits—including coverage for future treatment or wage replacement.

Why Insurers Limit Your Choice of Doctor

The truth is, insurance companies want control over your treatment. The doctors they refer you to are often part of managed care networks that have established relationships with the insurer or employer. While that doesn’t automatically mean the care will be substandard, I’ve personally seen situations where these doctors downplay injuries, recommend premature return-to-work dates, or deny treatment that’s necessary from a medical perspective.

Here’s where my unique background comes into play. As a neurologist, I can identify when a patient’s symptoms indicate a more serious underlying injury—such as a traumatic brain injury, cervical radiculopathy, or post-concussive syndrome—even when other providers dismiss it as a “mild sprain” or “subjective complaints.” And as an attorney, I’m equipped to contest these assessments and demand more appropriate care.

When You Can Choose Your Doctor

In some cases, yes, you can choose your doctor—but you have to do it the right way.

Here are some scenarios where you may be able to see your preferred provider:

• You select from an approved list. Many states require injured workers to choose a doctor from a certified provider list. If your doctor is on that list, you may be able to designate them as your treating physician.
• You request a change through the proper channels. In Nevada, for example, you can request a change of treating physician one time during the life of your claim. But this must be done in writing and accordance with your insurer’s rules.
• You obtain authorization from the insurer. Some insurers will allow you to treat with your doctor if the physician submits a treatment plan and agrees to accept the workers’ compensation fee schedule.
• You have a long-standing medical relationship. In some rare cases, especially with complex injuries or pre-existing conditions, insurers may agree to let you continue care with a doctor who is already familiar with your medical history.

Regardless of the situation, it’s critical to document everything. Verbal approvals don’t hold weight in the workers’ compensation system. You need written confirmation—ideally backed by a legal advocate who is familiar with navigating this process.

The Risks of Not Having the Right Doctor

If you’re seeing a physician who is more focused on clearing cases than caring for people, you may find yourself back at work too soon, without proper diagnostic testing, or left to manage chronic symptoms on your own. The risks of not having the right doctor are significant, and it’s crucial to be cautious and aware of these potential pitfalls. I’ve treated patients who were discharged with no MRI, no physical therapy, and no understanding of the long-term impact of their injuries.

That’s unacceptable.

Your treating physician plays a central role in your case. Their reports determine:

• Whether you qualify for temporary total disability (TTD)
• What kind of treatment will you receive
• Whether you can return to work
• If you’ve reached maximum medical improvement (MMI)
• Whether you have any permanent impairment

In other words, this doctor holds significant sway over both your health and your legal outcome. That’s why it’s so important to have someone in your corner who listens to you—and understands what you’re going through.

My Advice as a Physician and Attorney

If you’re not comfortable with your current doctor—or you feel they aren’t taking your injury seriously—don’t wait. Request a change. Consult an attorney. Know your rights.

And advocate for your care from the start. Bring a list of symptoms. Ask for a second opinion. Push for referrals when needed. Being proactive and advocating for your care is key to ensuring you receive the treatment you need. Don’t be afraid to speak up and ask questions.

You only get one chance to heal correctly. Don’t let red tape—or an insurance-approved physician—stand in your way.