If you have been hurt on the job, one of the first things you may wonder is whether you get to pick which doctor treats you—or whether your employer gets to make that decision for you. It is a question that comes up almost every time an injured worker calls our office, and the answer matters more than most people realize. The doctor who treats your injury will shape your medical care, influence whether you receive the benefits you are entitled to, and potentially determine the outcome of your entire claim.
Under the Illinois Workers’ Compensation Act, injured workers do have the right to choose their own treating physician. But that right comes with specific rules, and employers and insurance companies frequently try to steer injured workers toward company-selected doctors. Understanding how the law works can help you protect your health and your claim.
The Two-Doctor Rule Under Section 8(a)
Section 8(a) of the Illinois Workers’ Compensation Act gives injured workers the right to select up to two physicians of their own choosing. This means you are not required to treat exclusively with a doctor your employer picks. You have the legal right to see a physician you trust—someone who will focus on your recovery rather than on minimizing the cost of your claim.
The term “physician” under the Act is interpreted broadly. It includes medical doctors, surgeons, chiropractors, and other licensed healthcare providers. When you choose a treating physician, that doctor may then refer you to specialists, and those referrals do not count against your two-physician limit. This is known as the “chain of referral” doctrine—as long as the referral comes from your chosen treating doctor, the specialist is covered under that original selection.
For example, if you choose an orthopedic surgeon as your treating doctor and that surgeon sends you to a pain management specialist for injections, the pain management doctor falls within your first physician selection. You have not used up your second choice simply because your doctor referred you to someone else.
What About Your Employer’s Doctor?
Employers and their insurance carriers have the right to have you examined by a doctor of their choosing as well. This is commonly called an Independent Medical Examination, or IME, although many practitioners question just how “independent” these examinations truly are. The employer’s doctor does not treat you—they examine you and write a report, often for the purpose of disputing your claim or limiting your benefits.
It is important to understand that you are generally required to attend an IME if the employer requests one. Refusing to attend can jeopardize your benefits. However, the IME doctor does not replace your treating physician, and their opinion does not automatically override your own doctor’s recommendations. If a dispute arises between the opinions of your treating doctor and the IME doctor, the Illinois Workers’ Compensation Commission will weigh the credibility of both opinions in deciding your case.
Preferred Provider Programs and Employer-Directed Care
Some employers participate in what are known as Preferred Provider Programs, or PPPs. Under Section 8.1a of the Act, employers who establish a valid PPP may direct your initial treatment to a provider within their network. If your employer has a qualifying PPP, you may be required to treat within that network for a limited time before exercising your right to choose your own physician.
However, there are strict requirements that employers must follow for a PPP to be valid. The employer must provide written notice of the program to employees, and the program must meet specific standards set by the Illinois Department of Insurance. Many employers either do not have a valid PPP or fail to properly notify their workers about it. If the PPP was not properly established or communicated, you retain your full right to select your own doctor from the start.
Even when a valid PPP exists, it does not eliminate your right to choose your own physician. It may temporarily limit your initial selection, but you still have the right to seek treatment from a doctor you trust. An experienced workers’ compensation attorney can review whether your employer’s PPP is valid and advise you on your options.
Common Misconceptions About Choosing Your Doctor
One of the most persistent myths in workers’ compensation is that the employer or insurance company gets to pick your doctor. While they may try to direct you to a physician they prefer, the law protects your right to choose. Many injured workers do not realize this, and they end up treating with a company doctor who may not have their best interests at heart.
Another common misconception is that if you initially treat with your employer’s doctor—for instance, at a company clinic or an urgent care center they send you to after the injury—you are stuck with that provider. That is not the case. The initial emergency or first-aid treatment directed by your employer does not count as one of your two physician selections. You are free to choose your own treating physician after that initial visit.
Similarly, some injured workers believe they must get permission from the insurance company before switching doctors or seeing a specialist. Under Illinois law, you do not need the insurance company’s approval to exercise your right to select a physician. You choose your doctor, and the employer is responsible for the reasonable and necessary medical treatment that doctor provides.
Why Your Choice of Doctor Matters for Your Claim
The physician you choose does more than treat your physical injury. Your doctor’s medical records, opinions on causation, and assessments of your work restrictions form the backbone of your workers’ compensation claim. If your doctor clearly documents that your condition is related to your work injury, that you need specific treatment, and that you have work restrictions, it strengthens your ability to receive the benefits you deserve—including temporary total disability benefits while you are off work, payment for your medical treatment, and permanent disability benefits if you do not fully recover.
On the other hand, treating with a doctor who is unfamiliar with the workers’ compensation system or who does not thoroughly document your condition can create problems. Incomplete records or vague opinions give insurance companies ammunition to deny or reduce your benefits. That is why selecting a knowledgeable, thorough physician—and, when necessary, consulting with an attorney who understands the workers’ compensation process—can make a significant difference in the outcome of your case.
What You Should Do After a Work Injury
If you have been injured at work, report the injury to your employer promptly and seek medical attention. You may go to an emergency room or company clinic for immediate care, but remember that you have the right to follow up with a physician of your own choosing. Take the time to select a doctor who is experienced in treating work-related injuries and who will document your condition thoroughly. If your employer or their insurance company pressures you to treat with a specific doctor or suggests that you do not have the right to choose, know that the law is on your side.
Keep in mind that the decisions you make early in your claim—including which doctor you see—can affect the course of your entire case. If you are unsure about your rights or feel that your employer is not respecting your right to choose your own physician, it may be time to speak with an attorney who can guide you through the process. You can learn more about the workers’ compensation claims process on our blog.
Contact Us for a Free Consultation
If you have been injured at work and have questions about your right to choose your own doctor—or any other aspect of your workers’ compensation claim—the attorneys at The Law Offices of Millon & Peskin, Ltd. are here to help. We represent injured workers throughout the Chicagoland area, including DuPage, Cook, Will, Kane, and Lake counties. Contact us today at 630-449-3844 for a free consultation to discuss your case.