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.Â Miss. Code Ann. Â§ 71-3-15 requires an employer to furnish any and all medical treatment necessary for recovery of the work related injury.Â Â 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 workersâ€™ 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.Â The carrier can also have a doctor evaluate the medical treatment being rendered.Â This type of examination is referred to as an employer medical examination or â€œEMEâ€.
However, you can also ask the Mississippi Workerâ€™s Compensation Commission to have you examined by a doctor independent of both you and the employer.Â Â This independent medical examination or â€œIMEâ€ 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.Â When you have been steered around by a company who didnâ€™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