Gabriel & Associates - Workers Compensation Page 3

May I go to doctor of my choice?

You may be treated by your own doctor for injuries requiring more than first aid, if prior to your injury, you notified your employer in writing of the name of your personal physician who has previously treated you and who has your medical history and record.

If you have not given such notice prior to your injury, the employer is responsible for arranging medical treatment.

If after notification, or, in the case of an emergency, your employer fails to refer you to a doctor, you may choose your own doctor for treatment of your work-caused injury or illness.

If medical care is still required after thirty (30) days from the date your injury or illness is reported to your employer, you have the right to choose your own treating physician. You must promptly notify your insurance carrier or self-insured employer of the name and address of your newly selected physician, who must report within five (5) days to the insurance carrier or self-insured employer that medical care is being provided.

You are not responsible for the cost of medical treatment covered by workers' compensation. Bills for treatment are to be sent by the medical care provider directly to the insurance carrier, or employer if self-insured.

Any disputes concerning your workers' compensation benefits should be referred to the Workers' Compensation Appeals Board. If you believe a person other than your employer is responsible for your injury, you may be able to seek payment from that party in a civil court.

What if my employer discriminates against me because of my industrial injury or illness?

Workers' compensation and labor laws prohibit discrimination against: Workers who are injured because of their employment; Workers who testify or intend to testify before the Workers' Compensation Appeals Board regarding another employee's case.

In such cases, the worker may be entitled to reinstatement and reimbursement for lost wages and lost work benefits caused by the employer's action as well as an increase in workers' compensation benefits, as determined by the Workers' Compensation Appeals Board.

If you have questions about your claim, seek help immediately. Some questions may be answered promptly. Others may require more time to gather additional information from your employer or physician or rehabilitation counselor, before your question can be answered. The workers' compensation laws contain time limits or beginning proceedings. In general, the limitation is one year from the date of injury, although the time is extended medical or disability payments were provided because of your injury. It is very important that you act promptly, so that you do not risk loss of benefits because you waited too long.