Can Your Employer Force You to See Their Company Doctor in Mississippi?
Under Miss. Code Ann. § 71-3-15, you have the absolute right to choose ONE physician to treat your work-related injury. Your employer cannot force you to exclusively treat at their chosen company clinic.
After getting injured on the job in Mississippi, one of the first things your supervisor might do is hand you a piece of paper and tell you to go to a specific occupational clinic. Many injured workers in cities like Biloxi, Tupelo, and Hattiesburg assume they have no choice but to follow orders. However, treating with a "company doctor" who prioritizes the employer's bottom line over your physical recovery can be disastrous for your health and your legal claim. Mississippi law grants you specific rights regarding your medical care, but insurance companies rarely explain these rights voluntarily. To ensure you receive fair, unbiased medical treatment, it is highly recommended to consult a local workers' compensation lawyer from our US Lawyers directory.
The Right to Choose Your Own Doctor in Mississippi
The core of your medical rights lies within Miss. Code Ann. § 71-3-15. This statute clearly states that an injured employee has the right to accept the medical services furnished by the employer OR select one competent physician of their own choosing. This is known as your "Choice of Physician." The doctor you select becomes your primary treating physician, and they have the authority to direct your medical care, prescribe physical therapy, and refer you to specialized surgeons. You do not have to settle for the urgent care clinic your boss sent you to on the day of the accident.
Changing Doctors: What the Law Allows
While you have the right to choose your doctor, that right is limited to ONE selection. If you choose Dr. Smith, you cannot simply switch to Dr. Jones a month later just because you don't like Dr. Smith's advice. To change your primary treating physician in Mississippi, you must obtain a referral from your current doctor, get approval from the workers' compensation insurance carrier, or formally petition an Administrative Law Judge at the Mississippi Workers' Compensation Commission, Jackson. This is why making a wise, informed choice for your initial treating physician is critical.
Employer Medical Exams (EME) vs. Independent Medical Exams (IME)
Even if you choose your own doctor, the insurance company has rights too. They are allowed to schedule you for an Employer Medical Exam (EME). This is an appointment with a doctor hired and paid for by the insurance company to evaluate your condition. EME doctors frequently declare that injuries are pre-existing or that the worker is fully healed. You must attend this exam, but it is crucial to remember that the EME doctor is not your treating physician and does not have your best interests at heart.
If a massive dispute arises between your chosen doctor and the insurance company's EME doctor, a judge may order an Independent Medical Exam (IME). An IME doctor is selected by the Commission, not the insurance company, to provide a neutral, tie-breaking medical opinion.
What to Do if the Company Clinic Releases You Prematurely
If you originally went to the company clinic and they release you to "full duty" while you are still in immense pain, do not panic. Because you have the right to choose your own physician, you can immediately seek a second opinion using your one legal choice. Your newly chosen doctor can place you back on work restrictions, and their opinion as your primary treating physician typically holds significant weight before the Commission.
Step-by-Step Process to Assert Your Medical Rights
Navigating the medical approval process requires strategic steps to ensure the insurance company pays the bills.
Step 1: Notify the Employer of Your Choice
Inform your employer and the insurance adjuster in writing that you are exercising your right to choose your own physician under Mississippi law.
Step 2: Ensure Proper Medical Reporting
Your chosen doctor must be willing to handle workers' compensation cases. They must regularly submit medical updates using Form B-9, Mississippi, Workers' Compensation Commission, Medical Report to keep the insurance company informed of your work restrictions.
Step 3: Fight Treatment Denials
Insurance companies often delay approving MRIs or surgeries recommended by your doctor. If this happens, your attorney can file a motion with the Commission to compel the insurance company to authorize and pay for the necessary medical treatment.
Legal Costs and Attorney Fees
Fighting the insurance company over medical care does not require you to pay upfront legal fees. Mississippi workers' compensation lawyers work on a contingency basis, meaning they only receive a percentage (usually 25%) if they secure a monetary settlement or unpaid back-wages for you. Consultations are almost always free, allowing you to get immediate advice on how to switch away from a biased company doctor.
Timeline for Medical Approvals
If you properly exercise your choice of physician, the insurance company should authorize your visit immediately. However, when your doctor requests expensive procedures like spinal surgery, the insurance adjuster has the right to review the request, which can take 2 to 4 weeks. If they deny it and schedule an EME, the delay can extend to 2 to 3 months. Having a lawyer on your side is the fastest way to cut through the red tape and expedite a hearing before a judge.
Frequently Asked Questions (FAQ)
Do I have to go to the emergency room my employer chooses?
In an absolute emergency, you should go to the nearest ER or the one directed by emergency personnel. However, emergency care does not lock in your "Choice of Physician." For follow-up care, you still have the right to choose your own doctor.
Who pays for my chosen doctor?
As long as the injury is deemed a compensable work-related injury, the employer's workers' compensation insurance is responsible for 100% of the medical bills related to the injury, with no co-pays or deductibles for you.
Can the insurance company nurse case manager come into my exam room?
Insurance companies sometimes assign "nurse case managers" to attend your appointments. You have the absolute right to private medical examinations. You can politely ask the nurse case manager to wait in the lobby during your physical exam.
What if my chosen doctor refers me to a specialist?
If your primary treating physician refers you to a specialist (like an orthopedic surgeon), that specialist is considered part of the "chain of referral." The insurance company must generally pay for the specialist, and it does not count as changing your primary choice of doctor.
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