If you are injured in the course and scope of your employment, your employer is required to pay for your medical expenses. This includes necessary drugs, supplies, hospital care and services, medical and surgical treatment, any non-medical treatment recognized by the laws of this state as legal, the necessary cost to repair or replace any prosthetic device, and medical mileage. (La. R.S. 23:1203)
Do you have to go to the doctor they choose?
Yes. The Employer has the right to send you to a doctor of their choice for examination and treatment. They have the right to send you to their doctor as soon after the accident as However, they may only have you examined by one doctor as they demand and from time to time thereafter as reasonably necessary. However, they may only send you to one such doctor in each specialty. (La. R.S. 23:1121).
Do you have the right to have your own doctor?
Yes. Just like the Employer has the right to have a doctor examine you, you have the right to
choose your own doctor, in each specialty you require. This is why it is vital to read and understand the documentation that you are presented with during your claim because, at some point, you are likely to be presented with a “Choice of Physician” form from the Employer/Insurer. They are going to want you to choose their doctor. It is important to know that you are able to choose your own doctor and do not have to choose their doctor. (La. R.S. 23:1121).
How long does the Employer have to pay for your medical expenses? When is the statute of limitations? 1 year or 3 years
If the Employer has not paid for your medical expenses within one year from the date of the accident, then you are forever barred from seeking reimbursement for those expenses. However, if the employer has made payments towards your medical expenses, the prescriptive date (also known as the statute of limitations date) is three years from the date of last payment. (La. R.S. 23:1209).
If you are injured at work, it is extremely important to contact a knowledgeable workers’ compensation attorney to discuss your case. Some of these laws, such as the Choice of Physician and prescription laws, can be harsh and you need to make sure your rights are protected.
