Legal Question in Workers Comp in Indiana

I got injured at work 3 weeks ago. I went to occupational health for treatment and was seen by a nurse practitioner. I had appt today for recheck of my injury, saw another nurse practitioner. I asked for referral to orthopedic doctor as I am still concerned about my injury. I was told no. Nurse practitioner wants me to start physical therapy and if physical therapist feels I need to see an ortho doctor, then we will see. Don't I have any rights as the injured person? It's been 3 weeks and I've yet to see a doctor? My work fate is being decided by a nurse? I can't even see a doctor as a second opinion? I am so discouraged. My boss told me I have to make any future medical appts for my injury after my scheduled work hours because they're not paying for me to go to occupational health. Why do I have to go on my own time for a work injury? I had to clock out today to go for my injury recheck. I just keep losing hours from the injury and it wasn't my fault. So, not only am I injured, I am also depressed and anxious because of it. :(

Asked on 5/19/16, 11:31 am

2 Answers from Attorneys

Kenneth Wilk Rubino Ruman Crosmer & Polen

Your employer's insurance carrier has a right to direct your treatment. If you do not agree with their plan, you can file the proper complaint or claim with workmen's compensation through an attorney.

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Answered on 5/19/16, 5:37 pm
Charles Candiano Candiano Law Office

If you have health insurance or you are willing to pay, out-of-pocket, see an ortho. You are ALWAYS obligated to schedule doctor and PT appointments outside of work hours, WHEN POSSIBLE. Indiana law does NOT provide for any formal input from the injured worker on choice of provider.

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Answered on 5/20/16, 10:08 am

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