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Can You Choose Your Own Doctor in a Workers' Compensation Case?

In South Carolina, an injured employee generally cannot choose the doctor who treats a workplace injury. Under S.C. Code § 42-15-60, the employer or its workers’ compensation insurance carrier holds the right to select the treating physician for a covered injury. This rule applies from the initial appointment through ongoing treatment, unless an exception applies.

This is one of the issues of the workers’ compensation process that our team at Nicholson, Meredith & Anderson helps injured workers through. Contact our Greenwood work injury lawyers if you have a claim.

Why the Employer Controls the Choice of Doctor

South Carolina’s workers’ compensation system operates as a trade off. An injured employee receives medical treatment and wage replacement without having to prove the employer was at fault. In exchange, the employer, gets certain benefits, as well. First, an employer does not risk facing a personal injury lawsuit filed by the employee. Further, the employer, through its insurance carrier, retains the authority to direct medical care. This arrangement is meant to manage treatment costs while still guaranteeing coverage for work-related injuries.

When an Employee Can See a Different Doctor

A few exceptions exist to the employer’s control over treatment, and it is important to know when these do or do not apply to your situation:

• Emergency care. If a workplace injury requires immediate medical attention and the employer has not arranged treatment, an employee can seek emergency care and the employer must cover the reasonable cost if the Commission orders it.
• A formal request for a change of physician. An employee who is dissatisfied with the assigned doctor can ask the employer or insurer to approve a different provider. If they refuse, the South Carolina Workers’ Compensation Commission can order a change for good cause shown.
• A referral from an authorized doctor. If the treating physician refers the patient to a specialist, that referral is generally covered as part of the authorized treatment plan, though confirming approval before the appointment helps avoid a billing dispute later.

What Happens if an Employee Sees an Unauthorized Doctor

Under S.C. Code § 42-15-60, refusing authorized treatment or seeking care outside the approved provider network can affect an employee’s right to ongoing compensation. Bills from an unauthorized doctor may not be covered, leaving the employee responsible for the cost. Before scheduling any appointment outside the assigned physician, an employee should confirm approval with the employer or insurance carrier.

Getting Help From Our Greenwood Workers’ Compensation Attorneys

Disputes over medical treatment are common, particularly when an employee feels an assigned doctor is not addressing the injury properly. An employee who wants a second opinion or a change in treating physician has options under South Carolina law, but the process requires following the correct steps with the Commission.

Nicholson, Meredith & Anderson offers free consultations for South Carolina workers dealing with a denied treatment request or a dispute over an assigned physician. Reach the firm at (864) 229-7241 or online to schedule a review of your claim.