Content reviewed by:
Alex Shulman
Yes, in most circumstances, you can pick your own doctor in a New York Workers’ comp case, as long as the provider is authorized by the New York State Workers’ Compensation Board. Your employer generally cannot force you to get treatment with a specific physician.
However, if your employer participates in a preferred provider organization, you may need to select a doctor within that network for the first 30 days after your injury. You may then change doctors if you wish, provided the new doctor is in the WCB system.
If your employer or their insurer has prevented you from getting the benefits you deserve, our legal team can help. Our New York City workers’ compensation lawyers have over 200 years of combined experience. Call today for your free consultation, and we can discuss your case.
New York Worker’s Compensation Law
In New York, if you get hurt at work or have a job-related illness, you have the right to choose your own doctor for treatment. However, the doctor you choose must be approved by the New York State Workers’ Compensation Board (WCB) to treat injured workers.
This means that, unlike in some states, your employer or its workers’ compensation insurance carrier generally cannot dictate which doctor you must see. You should not be forced to treat with a specific clinic or provider simply because they are preferred by the insurance company.
Many workplace injuries require treatment from specialists, such as orthopedic surgeons, neurologists, or physical therapists. If your treating doctor refers you to a specialist, that specialist must also be authorized by the Workers’ Compensation Board.
PPO and Preferred Provider Rules
If your employer’s workers’ compensation insurance policy includes a managed care arrangement or PPO, you may be required to receive treatment within that network for the first 30 days following your injury. This is a common exception to choosing your own doctor.
This rule allows insurers to coordinate early treatment, but it does not permanently restrict your ability to select the doctor you trust. After 30 days, you are generally free to switch to any authorized WCB provider outside the PPO.
Independent Medical Exams
Although you have the right to choose your own physician in a New York workers’ comp case, the workers’ compensation insurance carrier has the right to schedule an Independent Medical Examination. This is performed by a doctor selected by the insurance company.
The exam provides the insurer with a separate medical opinion regarding your injury, your level of impairment, and your ability to work. If there is a conflict between your doctor’s opinion and the IME report, the dispute may need to be resolved before the Workers’ Compensation Board.
Emergency Treatment and Workers’ Compensation Claims
Emergency care is handled a bit differently, even when it is part of workers’ comp injury treatments. Emergency treatment does not need to be performed by an authorized WCB provider.
If you need emergency care, you may go to the nearest hospital or emergency provider. However, once the emergency has stabilized, ongoing treatment must be provided by an authorized doctor.
How to Find a Workers’ Compensation Authorized Doctor
To find a Workers’ Compensation authorized doctor in New York, start by visiting the New York State Workers’ Compensation Board website and using its Health Care Provider and IME Search tool. This database allows you to search by name, specialty, or location.
When scheduling an appointment, ask the doctor’s office to confirm they are WCB-authorized and accept workers’ compensation cases. If your employer uses a PPO network, request a list of approved providers for the first 30 days of treatment.
What Happens if You See a Non-Authorized Doctor?
Choosing a doctor who is not authorized by the Workers’ Compensation Board can create serious problems. Even if you pay out-of-pocket, reimbursement may not be available.
If you receive treatment from a non-authorized provider:
- The insurance carrier may refuse to pay your medical bills.
- The treatments you received may not be recognized as part of your workers’ compensation claim.
- Your wage payments could be interrupted if the required medical forms are not filed properly.
Discuss Your Workers’ Comp Claim
In most situations, you can pick your own doctor for a New York workers’ comp case, as long as that doctor is authorized by the New York State Workers’ Compensation Board. You also have the right to change to a different authorized doctor if necessary.
The main limitation involves the first 30 days of treatment when a PPO network may apply. If you have had issues with your employer over your choice of doctor and you believe you are being treated unfairly, reach out to our legal team immediately.
Shulman & Hill Injury Lawyers has been helping injured victims in New York since 2013. Every Borough, Every Block, New York, We Got You. Call now and schedule your free consultation to tell us about your workers’ compensation claim.
