First, you have a right to a choice of physician if you have
not already made one, unless you treated with the company choice for more than
6 months or had a surgery. Miss. Code
Ann. § 71-3-15 requires an employer to furnish any and all medical treatment necessary
for recovery of the work related injury.
As the injured employee, you have the right to accept the services of a
doctor recommended by your employer; or you may exercise your right to select a
competent doctor of your choice.
The workers’ compensation carrier can force you to go to the
doctor of their choice for a one time evaluation, but not to treat-just to be
evaluated for temporary or permanent disability. The carrier can also have a doctor evaluate
the medical treatment being rendered.
This type of examination is referred to as an employer medical
examination or “EME”.
However, you can also ask the Mississippi Worker’s
Compensation Commission to have you examined by a doctor independent of both
you and the employer. This independent
medical examination or “IME” is usually ordered when the commission has the
opinion that a doctor has not correctly estimated the degree of permanent
disability or the extent of the temporary disability of an injured employee. When you have been steered around by a
company who didn’t tell you that you had a choice, and when you failed to take
action until it was too late, this may be your only saving grace to get a
legitimate and fair opinion from a doctor.
If you or a loved one has suffered a work place injury and
has a question about rights to medical treatment, feel free to contact us for a
free consultation.
Candace G. Mayberry
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