What to Do If Your Employer Pressures You to Use Their Preferred Medical Provider
Under Mississippi law, injured workers do have the right to choose the doctor who treats their work-related injury, but that right comes with restrictions. What many workers don’t realize is that there are tight timeframes, employer influence, and insurance oversight that can impact how that choice is exercised.
For example, it’s not uncommon for a nurse case manager, hired by the insurance company, to attend medical appointments. While this nurse may claim to assist with scheduling or care coordination, the injured worker is not required to allow that nurse into the exam room or treatment discussions. Privacy is still a legal right.
This issue — who chooses your doctor — may seem like a small detail, but it has a major impact on the care received and the strength of an injury claim. In Mississippi, the answer depends entirely on whether the case involves workers’ compensation or a third-party personal injury claim.
How Medical Choice Works in Mississippi Workers’ Comp
Mississippi workers’ compensation law gives injured employees the right to choose their own treating physician after receiving initial care arranged by the employer. This initial treatment is often handled by an employer-selected provider for immediate care, but after that, workers may choose their own doctor, provided the physician is competent and reasonably located.
While the employer and their insurance company do retain some oversight, such as the ability to challenge treatment plans or request medical reviews, the worker is not limited to a pre-approved physician network. This distinction gives Mississippi workers more autonomy compared to stricter systems in other states.
Once a treating physician is chosen, that doctor becomes the primary voice in the case, setting the course for treatment, work restrictions, and permanent impairment ratings. Workers are allowed to change physicians once without needing special permission. After that, any further changes typically require approval from the Mississippi Workers’ Compensation Commission.
It’s also important to know that the insurance company may request an Independent Medical Examination (IME) with a doctor of their choosing. This is not for treatment, but rather an evaluation of your injury. If requested, the insurer must cover your travel costs and provide copies of the IME report to both you and the Mississippi Workers’ Compensation Commission.
In Personal Injury Claims, Victims Have Full Control Over Medical Care
The rules change entirely when an injury occurs outside of a traditional employer-employee context or when a third party is responsible for the injury. For example, if a delivery driver is injured by a negligent trucker, the driver may have a third-party personal injury claim in addition to a workers’ compensation claim. That personal injury claim falls outside the workers’ comp system and is treated more like a civil lawsuit.
In these types of claims, the injury victim has complete freedom to choose any doctor, specialist, or treatment provider. There are no employer-approved networks or authorization restrictions. This freedom enables injured individuals to access advanced care, obtain second opinions, and select providers who are focused solely on patient recovery, rather than minimizing costs for an insurance company.
Choosing the right provider is more than a medical decision — it’s a legal one as well. The doctor’s records will form the backbone of any demand for compensation, especially when seeking damages for pain and suffering, emotional distress, or long-term disability.
What Injured Workers and Work Accident Victims Should Know
Navigating the difference between workers’ compensation and personal injury claims can be difficult, especially when medical treatment is already underway. Missteps — like choosing the wrong doctor or delaying care — can limit access to benefits or reduce the value of a case. Understanding the rules and acting quickly is essential.
The following steps can help protect both health and legal rights after a serious injury in Mississippi:
- Understand the Role of the Treating Physician: In a workers’ comp case, the treating doctor’s opinions can determine what benefits are awarded. Choosing the right one—and knowing when and how to request a change—can make a significant difference.
- Use the Freedom Wisely in Third-Party Claims: In personal injury cases, victims should take time to select experienced physicians, including specialists, who can provide both treatment and detailed medical documentation.
- Know the Process for Changing Doctors in Workers’ Comp: In Mississippi, you can change physicians once without needing approval. Any additional changes require authorization from the Mississippi Workers’ Compensation Commission. Choosing a new doctor without going through this process could affect coverage of your medical expenses.
- Keep Records and Communicate Clearly: Regardless of the type of claim, accurate and consistent medical records are crucial. This includes documenting symptoms, following treatment plans, and ensuring that all providers are aware of the cause of the injury.
Workers’ compensation in Mississippi covers all reasonable and necessary medical care, including doctor appointments, hospital services, prescriptions, physical therapy, medical equipment, and mileage reimbursement for travel to appointments. Disputes often arise over what is considered necessary, which is why strong legal representation is important when medical care is being challenged or denied.
Making the right medical choices isn’t just about care — it’s about protecting a legal claim from the start. An attorney can help evaluate whether a worker may also have a personal injury claim in addition to workers’ compensation, and whether medical decisions made today could affect the outcome later.
Talk to an Experienced Mississippi Work Injury Lawyer Today
There are legal deadlines that apply to both workers’ compensation and personal injury claims. Missing those deadlines can result in the loss of benefits or the right to sue. Anyone seriously hurt on the job — or in an accident involving a third party — should seek legal guidance promptly.
Tabor Law Firm, P.A., offers free consultations to injured workers across Mississippi.
A brief conversation can clarify rights, review options, and ensure that no mistake undercuts the road to recovery. If you were injured on the job in Mississippi, contact us for a free consultation.
“Jonathan and his staff were very professional and got me all the medical needs that I was entitled to. He stayed on top of my case and kept me informed all the way till the end. Anytime I had any questions, Tammy was always there to answer them. In the end, they got me more than I expected. I highly recommend them.” – Jeff N. ⭐⭐⭐⭐⭐