Does an Injured Worker Have the Right to Pick His Doctor?

Karl Truman

Attorney
(866) 735-1102 Ext 315

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This is a question I get asked a lot in workers compensation claims. Obviously, I cannot give one standard answer which applies in every case, because each case is unique. Since I do cases in Indiana and Kentucky, I see significant differences between the two states. It also makes a difference if you work in one state but are hurt in another state.

As a general rule, if it is a Kentucky claim, then the injured worker will typically be able to select his or her treating doctor. In Indiana, the employer has the right to pick the doctors and can change the doctors at any time with no reason.

In Kentucky, the injured worker must complete a Form 113 Designation of Treating Physician. This doctor is also called the "gatekeeper physician" because this doctor can refer the injured worker to different specialists and therapists.

Karl Truman