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Pre-designation can help you protect your rights after a workplace injury in California

by | Jan 15, 2021 | Workplace Risks

When you’re injured on the job, the doctor who treats you has a tremendous influence on both your recovery and your workers’ compensation claim.

It’s less than ideal, then, to be forced to pick a strange doctor from a list that your employer provides you after your injury. Even if you exercise your option for a second opinion, you’re still stuck with another strange doctor from your employer’s list.

Pre-designating your own treating physician is a wise move

At any point in their career, an employee can file a request with their employer to pre-designate their own treating physician in the event that they are ever injured at work. If your employer provides group health coverage, they are required to accept your request.

Furthermore, employers cannot engage in deceptive practices designed to prevent employees from pre-designating their own physicians. Just as your employer is required to explain your right to workers’ compensation benefits to you, they’re also required to explain your right to pre-designate your physician.

Take action if your employer isn’t playing fair with your workers’ comp claim

Despite the rules, some employers will still try to deceive their employees or browbeat them into accepting a “company doctor” for their care. If the doctor is more concerned about the employer’s wants and needs than your health, that can have disastrous implications for your workers’ comp claim.

If you’re struggling to get fair treatment after a workplace injury, take your situation to an experienced advocate here in San Jose. You can fight back. California law is on your side.

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