In most situations, no; the employer or its workers’ comp insurance carrier generally has the right to choose your treating physician. Under S.C. Code § 42-15-60, the employer may furnish an attending physician, and the employee “shall accept” that physician and the care they consider necessary, unless the Workers’ Compensation Commission orders otherwise for good cause.
If you are asking, “Can I go to my own doctor for a work injury?”, keep three things in mind:
- Being unhappy with your care does not mean you can switch to your own doctor and expect workers’ comp to pay. The route is to ask the carrier for a change or, if it refuses, ask the Commission.
- Treatment you get on your own, outside that process, may not be paid by the employer, and you could be left with the bill.
- Emergencies are treated differently.
A South Carolina workers compensation lawyer at Shelly Leeke Law Firm can help you request a change of physician when it is warranted.
Who Chooses My Doctor After a South Carolina Work Injury?
Under S.C. Code § 42-15-60, the employer must provide reasonably required medical, surgical, hospital, and other treatment for a covered injury. During any period of disability, the employer may, at its option, provide an attending physician and the care that physician considers necessary, free of charge to you. You are required to accept that physician unless the Commission orders otherwise for good cause shown.
In practice, the employer or its carrier usually directs you to a specific doctor or clinic, often called the “authorized treating physician.” The statute does not require a panel of physicians. Report your injury promptly and ask the employer or adjuster where you should be treated. South Carolina law generally requires notice to the employer within 90 days (§ 42-15-20), but sooner is better.
What Happens in a Medical Emergency? Can I Go to My Own Doctor
In a true emergency, call 911 or go to the nearest emergency room. Your health comes first.
Section 42-15-60 addresses one emergency situation specifically. If, in an emergency, a physician other than the one provided by the employer treats you because the employer failed to provide care, the employer must pay the reasonable cost of that service if the Commission orders it. The rule is narrower than “any emergency care is always covered.” Notify your employer as soon as you can after emergency treatment, and ask where to go for follow-up care. Do not assume follow-up visits with the emergency provider will be authorized.
Can I Get a Second Opinion If I’m Unhappy With My Treatment?
Not simply by going to your own doctor. The statute gives two paths:
- Ask the carrier: Explain your concerns in writing to the adjuster and ask for a different authorized physician. Carriers sometimes agree.
- Ask the Commission: If the carrier will not agree, the Commission can order different care “for good cause shown” (§ 42-15-60). If you refused treatment and the Commission finds the refusal justified, it may order a change in the medical or hospital service.
Whether good cause exists depends on the facts. The Commission decides, not the employee or the carrier alone. There is no general right to a free second opinion from a doctor of your choosing.
What Happens If I See a Doctor Without Authorization?
This is where injured workers most often get hurt financially. The employer’s obligation under § 42-15-60 runs to treatment it provides or that the Commission orders. If you see a doctor on your own, without the carrier’s agreement or a Commission order and outside the emergency rule above:
- The employer and carrier may refuse to pay, leaving you responsible for the bill.
- Refusing the authorized care can bar further compensation while the refusal continues, unless the Commission finds the refusal justified (§ 42-15-60).
If you want a different doctor, ask first.
What If the Authorized Doctor Won’t Give Me the Treatment I Need?
Raise the problem with the adjuster in writing and keep copies. If treatment is denied, delayed, or disputed, § 42-15-60 allows the Commission, in a controversy between employer and employee, to decide what care is required. Care beyond the first 10 weeks is tied to treatment the Commission judges will lessen the period of disability, supported by expert medical evidence. A lawyer can request a hearing before the South Carolina Workers Compensation Commission on your behalf.
What Is an Independent Medical Examination?
This is a different mechanism from a change of physician. Under § 42-15-80, while you are claiming compensation, you must attend an examination by a qualified physician designated and paid by the employer or the Commission, if requested. This is often called an IME. You have the right to have a qualified physician you provide and pay for present at that examination. Refusing or obstructing a requested exam can suspend your compensation unless the Commission finds the refusal justified. An IME is an evaluation, not a switch of your treating doctor.
What Should I Do If I Disagree With My Treating Physician?
If you disagree with the SC treating physician, follow the steps below:
- Keep attending authorized appointments while you raise your concerns.
- Put your concerns and your request for a different doctor in writing to the adjuster.
- Do not start treating with your own doctor for the work injury before you have approval.
- Keep records: visit notes, restriction slips, and all correspondence.
- If the carrier refuses a reasonable request, talk to a lawyer about asking the Commission for a change.
How Can a South Carolina Workers Compensation Attorney Help With Medical Treatment Disputes?
A South Carolina workers’ compensation lawyer can:
- Evaluate whether there is good cause for a change of physician.
- Request the change from the carrier or the Commission.
- Push back on denied or delayed care.
- Prepare you for an IME.
- Represent you at a hearing.
No lawyer can guarantee a result. Your treating physician’s decisions also affect your work status. See our FAQs on light-duty pay and benefits and whether weekly checks continue on light duty.
Get Help with Your Medical Treatment Disputes at Shelly Leeke Law Firm
Before asking, “Can I go to my own doctor?” and risking non-payment of your medical bills, let Shelly Leeke Law Firm assist you. If your current authorized doctor is refusing necessary treatment or ignoring your symptoms, our South Carolina legal team can petition the carrier or the Commission for a change in care.
Call us at (843) 604-3273 or request a free consultation with Shelly Leeke Law Firm today.
