Who Picks the Doctor in Workers' Comp, by State (2026)
Whether the worker or the employer chooses the treating doctor in each state, and how to change doctors.
| State | Choosing a doctor |
|---|---|
| Alabama | The employer chooses the treating physician. If the worker is dissatisfied with that physician and further treatment is needed, the worker may pick a second physician from a panel of four chosen by the employer. Refusing a reasonable examination or required treatment can suspend compensation while the refusal continues. Alabama Department of Workforce, Benefits and Claims Filing |
| Alaska | The worker chooses the attending doctor (a licensed medical doctor, surgeon, chiropractor, osteopath, dentist or optometrist). The worker may change attending physicians once without the employer's consent, but must notify the employer or insurer before the change. A referral to a specialist does not count as a change. A second change requires the insurer's written approval; otherwise the insurer may not have to pay that doctor and the Board may not consider that doctor's opinions. Division of Workers' Compensation, Workers' Compensation and You (rev. 02/15/2025) |
| Arizona | The employer may designate a physician of its choosing to conduct one examination of the injured employee. Employers that arrange medical care directly under the statute may direct care; if the treatment furnished by the employer reasonably appears to endanger the worker's health, life or recovery, the Industrial Commission may order a change of physicians on the worker's application. A.R.S. §§ 23-908, 23-1070(E) |
| Arkansas | The employer or its insurance carrier has the right to choose the treating doctor, and the employer or insurer should give the worker a notice of medical rights (Form AR-N). If you are not satisfied with the first doctor, ask the claims handler to approve another doctor, or write to the Commission to request a Change of Physician. Failing to follow the change-of-physician rules can mean the new doctor's bills are not paid. Emergency treatment may be covered. Arkansas Workers' Compensation Commission, Basic Facts; Questions & Answers brochure |
| California | It depends on the employer's setup. Workers who have non-occupational health coverage may "predesignate" their personal physician or medical group before an injury, in writing. If the employer or insurer has a Medical Provider Network (MPN), you are usually treated first within the MPN, and after the first visit you may switch to other doctors in the MPN. If there is no MPN or health care organization (HCO), the claims administrator can usually choose the first doctor; you may switch doctors one time during the first 30 days after reporting the injury (the claims administrator usually picks the new doctor), and after 30 days you may switch to a doctor of your choice. DWC Guidebook for Injured Workers, Chapters 1 and 3; DWC Information & Assistance Guide 1 |
| Colorado | The employer or insurer must give the injured worker a list of at least four physicians or corporate medical providers (with at least one at a separate location without common ownership, where available), and the worker selects the treating physician from that list. If the employer does not offer a physician at the time of injury, the worker may choose a physician or chiropractor. The worker may make a one-time change to another physician on the employer's list by giving written notice on the Division's form within 90 days after the injury and before reaching maximum medical improvement. C.R.S. § 8-43-404(5)(a) |
| Connecticut | The employee selects the treating physician (or physician assistant or APRN) from the Workers' Compensation Commission's approved list. If the employer uses an approved providers list (a managed care plan), it must give the employee that list within two business days after the injury is reported. A company staff or on-call physician may give the initial emergency treatment, after which the employee may choose their own provider. An administrative law judge may authorize a change of physician for good reason, at the request of the employee or employer. Conn. Gen. Stat. § 31-294d(a)–(c) |
| Delaware | An employee who claims a work injury has the right to use a physician, surgeon, dentist, optometrist or chiropractor of their own choosing. The employee must notify the employer, its insurer or the Board of the intent to do so, and give written notice within 30 days after the provider was used. Providers certified by the state workers' compensation program can treat without getting each service preauthorized by the employer or insurer. 19 Del. C. §§ 2323, 2322D |
| District of Columbia | The employee has the right to choose the attending physician. If the injury is so serious that the employee cannot choose and needs immediate treatment, the employer selects a physician, and the employee may still choose their own doctor after release. Once a treating physician is chosen, the employee may not change physicians without approval from the employer's insurer or the Office of Workers' Compensation; the Office may also order a change. D.C. Code § 32-1507(b)(3)–(4); DOES OWC FAQs |
| Florida | You must see a doctor authorized by your employer or its insurance company; do not go to your own private doctor on your own. In an emergency, go to the nearest emergency room. On written request, the insurer must allow one change of physician during treatment for any one accident and must authorize a new physician (not professionally affiliated with the previous one) within 5 days; if it fails to do so, the employee may choose the physician. Fla. Stat. § 440.13(2)(f); Division of Workers' Compensation, System Guide |
| Georgia | The employer must post a list (panel) of at least six doctors, or the name of a certified workers' compensation managed care organization, unless the Board has granted an exception. You may choose a doctor from the posted list and make one change to another doctor on the list without your employer's permission. In an emergency, you may get temporary care from any doctor, then must continue with a doctor on the posted list. State Board of Workers' Compensation, WC-Bill of Rights for the Injured Worker |
| Hawaii | You may get treatment from a physician of your choice who practices on the island where you live, but you may have only one attending physician at a time; referrals to specialists need the insurer's approval. You may change your attending physician once, but must notify the insurance carrier before the change. Any further changes need the carrier's approval first. Disability Compensation Division, Frequently Asked Questions; Highlights of the Hawaii Workers' Compensation Law |
| Idaho | The employer must provide reasonable medical care. An employer may have a designated physician for all work injuries (except emergency care), so ask your employer before seeking treatment. If the employer has designated a physician, you need the employer's approval or the Industrial Commission's approval before seeing a different physician. On reasonable grounds, you may petition the Commission for a change of physician after giving the employer or insurer written notice of your request. If the employer fails to provide care, you may obtain it at the employer's expense. Idaho Code § 72-432(1), (4); Idaho Industrial Commission, Facts for Injured Workers |
| Illinois | Generally, the employee may choose the medical provider. If the employer has no Preferred Provider Program (PPP), the employee may choose any two providers, plus referrals from them; first aid, emergency care and care before reporting the injury do not count toward the two. If the employer has a PPP (and notifies the employee in writing on the Commission's form), the employee chooses two physicians from the PPP network, or may decline the PPP in writing, which counts as one of the two choices. Illinois Workers' Compensation Commission, Handbook (June 2024), Section 5 |
| Indiana | In Indiana the employer directs medical care. If you do not feel you are receiving adequate medical care, you may file an Application for Adjustment of Claim with the Board. If your doctor finds you at maximum medical improvement and benefits are stopped, you can request an independent medical examination through the Board. Worker's Compensation Board of Indiana, Who Is Eligible (FAQ) |
| Iowa | In most circumstances, the employer has the right to choose the medical care. The care must be offered promptly and be reasonably suited to treat the injury without undue inconvenience. If the employee is dissatisfied, the employee should tell the employer (in writing if asked) and request alternate care; if they cannot agree, the employee may file a petition with the Workers' Compensation Division for alternate care. In an emergency, the employee may choose care at the employer's expense if the employer cannot be reached immediately. Iowa Code § 85.27(4); DIAL Workers' Compensation Division, Benefits |
| Kansas | The employer has the right to select the treating doctor. Without approval, a worker may see a doctor of their own choice for examination, diagnosis or treatment, but the employer pays only up to $800 for that care, and it cannot be used to get an impairment rating. If the authorized care is unsatisfactory, the worker may apply to the Director of Workers Compensation; the employer then submits two healthcare providers (not in practice together, if possible) and the worker picks one. K.S.A. 44-510h(b); Kansas Department of Labor, Information for Injured Employees (K-WC 27-A) |
| Kentucky | If the employer has not designated a managed health care system, the worker may choose the medical providers. Even when the employer uses a managed care system, the worker may keep treating with a doctor who gave emergency care. Treatment is supervised by a single treating physician (or group) who makes referrals. The worker may change the designated physician one time; after that, the worker must show reasonable cause to change. An administrative law judge may let the employer pick the doctor if the worker's chosen care is improper or is delaying recovery. KRS 342.020(4), (8), (10) |
| Louisiana | The worker has the right to choose one treating physician in each field or specialty. If the employer or insurer refuses the worker's initial choice, the worker can ask a workers' compensation judge for an expedited hearing. After the first choice, the worker needs the employer's or insurer's consent to switch to another doctor in the same specialty, but not to see a doctor in a different specialty. A doctor the worker sees without being sent there by the employer counts as the worker's choice. The employer may also require exams by a doctor it chooses and pays for. Non-emergency care over $750 must be pre-approved, and disputes over medical necessity go to the OWCA Medical Director on Form LWC-WC 1009. La. R.S. 23:1121; OWCA Rights and Responsibilities |
| Maine | The employer has the initial right to choose the health care provider. After 10 days from the start of that care, the worker may switch to a provider of the worker's choice by giving the employer the new provider's name and a statement that the worker intends to treat there. The employer may object by petition, which goes to mediation and, if unresolved, a hearing. After that switch, the worker may not change providers more than once without the employer's or the Board's approval. Referrals to specialists by the treating provider are allowed, and the worker may choose the pharmacy. 39-A M.R.S. § 206 |
| Massachusetts | The insurer must pay for adequate and reasonable health care. The worker may choose a treating health care professional (other than one picked by the insurer) and may switch to another one once. When referred to a specialist, the worker may also change once within that specialty. If the insurer uses a preferred provider arrangement, the worker's first scheduled appointment may be required to be with a provider in that plan, but emergency treatment from outside providers is covered. Workers may not be charged copayments or deductibles. M.G.L. c. 152, § 30 |
| Michigan | The employer must provide reasonable medical, surgical and hospital care. During the first 28 days of medical care, the employer may choose the doctor. After 28 days, the worker may treat with a physician of his or her own choice by giving the employer the doctor's name and the intent to treat with that doctor. The employer or insurer may file a petition objecting, and a workers' compensation magistrate may order the worker to stop treating with that doctor if cause is shown after a hearing. MCL 418.315(1) |
| Minnesota | The worker may generally choose his or her own health care provider, with some exceptions if the employer or insurer uses a certified managed care plan. After selecting a primary provider, the worker may change primary providers once within the first 60 days after treatment begins without approval. After that, further changes need approval from the insurer, the department, or a workers' compensation judge, except for transfers beyond the worker's control (such as the doctor retiring or a referral). Minn. Stat. § 176.135, subd. 2; Minn. R. 5221.0430 |
| Mississippi | The injured worker may select one physician or medical provider of his or her own choosing. That provider may make one referral to another specialist without approval from the employer or insurer. Any additional selections or referrals must be approved in advance by the employer or its insurer. The worker may choose a provider other than a medical doctor, such as a chiropractor. Workers cannot be billed for covered treatment. Mississippi Workers' Compensation Commission, Workers' Compensation Facts (Miss. Code Ann. § 71-3-15) |
| Missouri | The employer (or its insurer) has the right to choose the treating doctor and other health care providers, and must pay for reasonable medical treatment with no deductible. You may choose your own doctor, but at your own expense unless the employer or insurer authorizes it. If treatment is being provided in a way that endangers your life, health or recovery, the Division or the Commission may order a change of doctor. RSMo § 287.140.1, .2, .10 |
| Montana | The worker may choose the doctor for initial treatment. Any time after the insurer accepts liability, it may designate or approve a treating physician, or direct the worker to a managed care or preferred provider organization after giving individual written notice; after that, care from other providers is not covered unless the insurer authorizes it (emergency care is allowed). The treating physician coordinates care under Montana's utilization and treatment guidelines. Medical benefits generally close 60 months after the date of injury, with a limited process to reopen them. MCA 39-71-1101; MCA 39-71-704 |
| Nebraska | The worker has the right to choose a physician who has treated the worker (or an immediate family member) before the injury and keeps those medical records. The employer must notify the worker of this right after an injury; if the employer fails to give proper notice, the worker may choose a physician, and if the worker does not use the right after notice, the employer chooses. Once the initial physician is chosen, it can be changed only by agreement or by order of the Workers' Compensation Court. If the claim is denied, the worker may choose a physician. For an injury requiring dismemberment or a major operation, the worker may designate the surgeon. Neb. Rev. Stat. § 48-120(2) |
| Nevada | If the employer's insurer does not use a managed care contract, the worker chooses a treating physician or chiropractor from the Division's panel, and may make one alternative choice from the panel within 90 days after the injury. If the insurer has a managed care contract, the worker chooses under that contract and may make one change within 90 days without the insurer's approval. Other changes need the insurer's approval or an order from a hearing officer or appeals officer; the insurer must grant or deny a written request within 10 days, or it is deemed granted. NRS 616C.090 |
| New Hampshire | The injured employee has the right to select his or her own physician, and also his or her own pharmacy. An employer or insurer may instead meet its medical obligations through a managed care program approved by the Labor Commissioner; such programs must give reasonable access to a second medical opinion and allow treatment outside the network when needed care is not available inside it or in an emergency. N.H. RSA 281-A:23, I and VII; 281-A:23-a |
| New Jersey | The employer and/or its insurance carrier has the right to choose the authorized treating doctor. The worker may choose a doctor only in an emergency (and should notify the employer as soon as possible) or if the employer improperly refuses or neglects to provide treatment. A worker who is not getting needed treatment can file a Motion for Medical and/or Temporary Disability Benefits, which is scheduled before a judge within 30 days of filing. N.J.S.A. 34:15-15; NJ Division of Workers' Compensation, Injured Worker Protections and Worker FAQs |
| New Mexico | The employer may choose the initial treating doctor or let the worker choose, and should tell the worker its decision promptly. Whoever did not make the first choice has an automatic right to switch to a doctor of its own choosing after 60 days of treatment, by sending the other side a 'Notice of Change of Healthcare Provider' form. Any later change requires agreement of both parties or an order from a workers' compensation judge. WCA Frequently Asked Questions |
| New York | Except in an emergency, the worker must be treated by a health care provider authorized by the Workers' Compensation Board; the worker may choose any Board-authorized provider, including his or her own doctor if authorized. If the employer uses a Preferred Provider Organization (PPO), the worker must start treatment with a PPO provider but may switch to any authorized provider outside the PPO after 30 days by notifying the insurer in writing. Workers in a union construction Alternate Dispute Resolution program must use participating providers. The insurer may require an independent medical examination. N.Y. Workers' Compensation Board, Health Care |
| North Carolina | Medical compensation is provided by the employer. An employee may ask the employer in writing to authorize a second-opinion exam; if the request is denied or no provider is agreed on within 14 days, the employee can ask the Industrial Commission to order one. An employee may select a health care provider of his or her own choosing, subject to the Commission's approval, and must show the change is reasonably necessary to effect a cure, give relief, or lessen the period of disability. If the claim has been denied, the employer or carrier is not entitled to direct medical treatment and the employee may go to any provider (though an independent medical examination can still be required). N.C. Gen. Stat. § 97-25; N.C. Industrial Commission FAQs |
| North Dakota | A worker may pick a health care provider for initial treatment. However, if the employer has selected a preferred (designated) provider, for the first 30 days after the injury the worker may get treatment only from that provider (except emergency care), unless the worker told the employer in writing before the injury that they would use a different provider. After 30 days, the worker can ask WSI in writing to change providers. Once a claim is accepted, WSI may require the worker to choose from a list of three specialists. A worker may not switch providers without WSI's prior written authorization. N.D. Cent. Code §§ 65-05-28, 65-05-28.1, 65-05-28.2 |
| Ohio | BWC states that an injured worker has the right to quick access to health care from any BWC-certified health care provider the worker chooses. Medical treatment is managed through a managed care organization (MCO), and decisions of BWC, the MCO or the Industrial Commission can be appealed. BWC, Injured worker rights |
| Oklahoma | The employer has the right to choose the treating physician or chiropractor. If the employer fails or neglects to provide medical treatment within five days after actually learning of the injury, the worker may select a physician or chiropractor at the employer's expense. Emergency treatment can be obtained at the employer's expense if the employer does not provide it. 85A Okla. Stat. § 50(A), (B) |
| Oregon | The worker may choose an attending doctor, physician or nurse practitioner in Oregon, and may change attending physicians or nurse practitioners two times without approval from the director. Choosing a doctor in another state or country requires prior approval from the insurer or self-insured employer. If the employer's insurer contracts with a certified managed care organization (MCO), the worker generally must get care through the MCO after receiving notice of enrollment. ORS 656.245 |
| Pennsylvania | You may choose your own health care provider unless the employer accepts your claim and has posted a list of six or more physicians or providers at the workplace. In that case, you must see a listed provider for initial treatment and continue with listed providers for 90 days after the first visit (you may pick any one on the list). If a listed provider prescribes invasive surgery, you are entitled to a second opinion paid for by the employer/insurer. After 90 days, or if there is no proper posted list, you may treat with any provider you choose but must tell the employer. LIBC-100 |
| Rhode Island | The worker initially chooses any qualified health care provider; an emergency room visit or a first visit to a company or insurer-contracted provider does not count as that choice. The first provider can refer the worker to specialists without prior approval. To change doctors after that, if the insurer or self-insured employer has an approved preferred-provider network, the worker must choose from that network or get the insurer's approval; if there is no approved list, these restrictions do not apply. R.I. Gen. Laws § 28-33-8; DLT FAQ |
| South Carolina | In South Carolina, the employer has the right to choose the treating doctor, and the employer's insurer may not pay for treatment from a doctor the worker picks. The worker must accept the employer-provided medical care unless the Commission orders otherwise for good cause; refusing authorized treatment can suspend compensation. A worker who wants a different doctor can ask the employer's representative and, if refused, request a hearing before a commissioner. If the employer fails to provide care in an emergency, the Commission may order the employer to pay for another physician. S.C. Code § 42-15-60; S.C. Workers' Compensation Commission, Injured Worker FAQ's |
| South Dakota | The worker may choose any licensed medical practitioner or surgeon in the state and must notify the employer of the choice before treatment, or as soon as reasonably possible afterward; emergency room treatment does not count as the choice. The chosen doctor can make referrals. To change doctors, the worker needs written approval from the employer (or insurer). The worker may get a second opinion without approval but at the worker's own expense. SDCL 62-4-43; S.D. Dept. of Labor and Regulation, Employee Rights and Responsibilities |
| Tennessee | The employer (or its adjuster) gives the worker a panel of three doctors, and the worker picks the authorized treating physician by signing an Employee's Choice of Physician form (Form C-42); accepting treatment from a doctor on the panel without signing may count as choosing that doctor. In an emergency, the panel should be provided after the worker is stabilized. The employer is usually not required to offer a second opinion, but the worker can ask, or get one at their own expense. Tenn. Bureau of Workers' Compensation, Beginner's Guide |
| Texas | Except in an emergency, the employee must be treated by a doctor on the Division's approved list, and is entitled to an initial choice of doctor from that list. An employee dissatisfied with the first choice may ask the Division, in writing (or by phone if there is an immediate medical need), for authority to select an alternate doctor. Different rules apply if the employer's insurer uses a certified workers' compensation health care network. Tex. Lab. Code § 408.022 |
| Utah | An employer or its insurer may require the injured employee to be treated first by a preferred medical provider; if there is no preferred provider, the employee may choose a doctor who accepts workers' compensation. After the initial visit, the employee may make a one-time change of medical providers during the claim and must immediately tell the insurer or self-insured employer. A referral from one provider to another does not count as a change. Utah Labor Commission, Injured Workers; Workers' Compensation Claims Process |
| Vermont | The employer may designate the health care provider for the worker's first treatment immediately after the injury. After that, the worker may select another provider by giving the employer written notice of the reasons for dissatisfaction and the new provider's name and address (the Department uses a Form 8, Change of Health Care Provider). If the notice is not given, the Commissioner may allow the employer to refuse payment to the new provider unless the failure was due to excusable neglect or inadvertence. Employers may not withhold wages for time missed for treatment of a work injury. 21 V.S.A. § 640(b), (c); Vermont Department of Labor, Claims Filing |
| Virginia | The employer must provide, free of charge, a treating physician chosen by the injured employee from a panel of at least three physicians selected by the employer, plus other necessary medical care for as long as needed. The Commission may order a change in medical or hospital services; workers can request a panel of physicians through the Commission's claim process. Va. Code § 65.2-603; Virginia Workers' Compensation Commission, Claim Form |
| Washington | For the first office or emergency room visit, the worker may choose any health care provider qualified to treat the injury. For any additional or ongoing care, the worker must be treated by a provider in the L&I Medical Provider Network; if the worker's regular provider is not in the network and will not enroll, the worker must transfer to a network provider. Qualified providers include medical, osteopathic, chiropractic, naturopathic and podiatric physicians, dentists, optometrists, nurse practitioners and, beginning July 1, 2025, physician assistants (and psychologists for mental-health-only claims). L&I, Workers' Compensation Benefits guide; RCW 51.28.010 |
| West Virginia | If the employer, private carrier or self-insured employer does not provide a managed health care plan, the injured worker may select the initial health care provider. If the employer has a managed health care plan, a worker who wants to change providers must choose a new one through that plan; going outside the plan requires written approval from the Insurance Commissioner, private carrier or self-insured employer. W. Va. Code § 23-4-3 |
| Wisconsin | When the employer knows of the injury, it must offer the worker a choice of any physician, chiropractor, psychologist, dentist, physician assistant, advanced practice registered nurse or podiatrist licensed and practicing in Wisconsin. In an emergency, the employer may arrange treatment first. The worker has the right to a second choice of practitioner after notifying the employer or insurer; further choices, or out-of-state practitioners, require agreement (referrals from the chosen practitioner do not count as a new choice). Wis. Stat. § 102.42(2); DWD, Worker's Compensation for Workers |
| Wyoming | An employer or the Division may designate health care providers for non-emergency care, but the worker may, for any reason, select another health care provider (with limited exceptions). If the worker chooses a different provider, the employer or Division may require a second opinion. The Department of Workforce Services says that once you select a provider, you cannot change without meeting its stated conditions. Wyo. Stat. § 27-14-401(f); Wyo. Dept. of Workforce Services, Injured Workers FAQ |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.