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Employment Labor Law - Workers Comp - Getting an Attorney

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Do I have to be examined by a doctor recommended by the workers' comp insurance company to get my benefits?

Probably. In California, for example, if the employer's insurance carrier is contesting some part of your claim, you may have to see a "medical evaluator" to examine you and evaluate your injury. The law encourages the parties to mutually agree upon a doctor to do the evaluation. Whether you are represented by an attorney affects the process. In other states, the doctor is an "independent medical examiner."

Some medical doctors who perform these evaluations or examinations may be more sympathetic to workers - some to employers. That's why it is a good idea to consult a lawyer before attending one of these required exams. Experienced workers' comp attorneys are familiar with many of these doctors and can steer you in the right direction when choosing a doctor on the insurer's list.

Make notes right after the exam about how long the exam took, what the doctor asked you, what the doctor told you to do, how the doctor examined you and whether or not any diagnostic tests were taken (if they were, what kind).

(Reviewed 11-08)

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