Injured workers are required to have a nominated treating doctor. This is the doctor (a General Practitioner, not a Specialist) who will be responsible for supplying the injured worker with the Certificate of Capacity and participate in the management of the claim and the return to work process.
Some employers will try to push injured workers to the employer’s “preferred doctor” however it is the worker’s choice as to who they choose to be their nominated treating doctor. It is not a decision to be made by the employer or insurer.
Despite being able to choose all treatment providers, injured workers will still need to make themselves available for examination by doctors appointed by the employer or insurer. The role of these doctors is only to provide opinions to the employer or the insurer. They are not treatment providers and are not considered to be the nominated treating doctor. If a worker refuses to attend these examinations, weekly compensation benefits can be suspended due to the worker being non-compliant with their obligations. It can also cause a delay in medical treatment being approved.
When attending medical appointments with the nominated treating doctor, the employer, insurer or their representative may attend with the injured worker. The injured worker is however entitled to have the consultation with the nominated treating doctor prior to the employer, insurer or their representative joining the consultation for discussions about capacity for work, medical treatment or any other claim related issue.
If you experience problems with your employer or the workers compensation insurer, you are welcome to contact our team of lawyers who are experts in workers compensation claims. They will do everything they can to assist you with your workers compensation claim. If need be, they will apply to WIRO for a grant of legal funding in order to challenge any adverse decision made by the workers compensation insurer.
Contact our experts in workers compensation on 1800 600 664 or email us at info@tayscott.com.au.
At Taylor & Scott “We Care For You”.
