Florida Workers’ Compensation Medical Care
Can I Change My Workers’ Compensation Doctor in Florida?
Yes. Florida law allows an injured worker to make a written request for one change of physician during the course of treatment for an accident. What happens next can depend on how and when the request is made and how the insurance carrier responds.
You do not need to know whether the carrier handled the request correctly before contacting us.
Quick Answer
How does a one-time change of doctor work?
Florida Statute § 440.13(2)(f) gives an injured worker the opportunity for one change of physician during the course of treatment for an accident. The request must be made in writing.
After the carrier receives the written request, the statute gives the carrier five days to authorize an alternate physician who is not professionally affiliated with the previous physician. If the carrier fails to provide the requested change, the statute addresses circumstances in which the injured worker may select the physician.
What Is a One-Time Change of Doctor?
In Florida workers’ compensation cases, medical treatment is generally provided through authorized physicians. An injured worker ordinarily cannot simply start treating with any doctor and assume the workers’ compensation carrier will be responsible for that treatment.
Florida law does, however, provide a process for an injured worker to request one change of physician during the course of treatment for an accident. The request must be made in writing.
The statute addresses the written request, the carrier’s response period, the alternate physician, and what may happen if the carrier does not provide the requested change.
Why Might an Injured Worker Consider a Different Doctor?
Concerns about medical treatment can arise for many reasons. A worker may feel that symptoms are not being addressed, treatment is not progressing, work restrictions do not reflect the worker’s condition, or communication with the physician has become difficult.
Important symptoms do not seem to be addressed.
Treatment does not seem to be improving the condition.
There are concerns about work restrictions.
Questions have developed about the treatment plan.
Communication with the treating physician is difficult.
The worker wants another authorized physician to evaluate the condition.
A different doctor does not guarantee a different medical opinion or treatment recommendation. That is one reason it can help to look at the one-time change in the context of the entire claim.
An Important Part of the Statute
What Is the Five-Day Rule?
Once the carrier receives the written request, Florida Statute § 440.13(2)(f) gives the carrier five days to authorize an alternate physician who is not professionally affiliated with the previous physician.
The statute specifically describes a written request for the one-time change.
The statutory response period runs from receipt of the request.
The carrier’s response, the doctor identified, and what was actually provided can become important if a dispute develops.
A lawyer can review the request, the response, and the timing before determining what options may be available.
Who Chooses the New Doctor?
The answer can depend on how the carrier handles the written request.
Carrier Provides the Change
When the carrier timely handles the request
The carrier generally controls the selection of the alternate physician through the statutory one-time change process, if they respond within 5 days of the request.
Carrier Does Not Provide the Change
When the requested change is not provided
The statute provides that the employee may select the physician if the carrier fails to provide the requested change within 5 days of the original request, subject to the treatment being compensable and medically necessary.
This is one of the reasons a short exchange of emails or letters can become important. The wording of the request and the carrier’s response may matter.
Why Do Medical Specialty and Prior Treatment Matter?
The statute describes a one-time change during the course of treatment for an accident. The Florida Division of Workers’ Compensation also tells injured workers that the replacement doctor in the one-time change process will have the same medical specialty as the current doctor.
General Example
A request to change an authorized orthopedic physician is not necessarily the same thing as asking the carrier to authorize treatment with a neurologist, pain-management physician, or another different type of specialist.
When a claim already involves several doctors, referrals, diagnostic testing, or different medical specialties, it may not be obvious whether the issue is a one-time change or a separate request for additional medical care.
Does Requesting a New Doctor Change My Work Restrictions?
No automatic change occurs simply because a one-time change is requested. Work status, return-to-work restrictions, medical treatment, and eligibility for wage benefits can involve separate issues.
If a doctor dispute is happening at the same time as a return-to-work problem, it can be important to review both issues together rather than treating the one-time change as an isolated question.
Common Questions
Florida One-Time Change FAQs
Does a one-time change request have to be in writing?
Yes. Florida Statute § 440.13(2)(f) describes a written request by the employee for one change of physician during the course of treatment for an accident.
How long does the insurance carrier have to respond?
The statute provides a five-day period after the carrier receives the written request to authorize an alternate physician who is not professionally affiliated with the previous physician.
Can I choose the new doctor myself?
If the carrier provides the change as required by the statute, the carrier generally controls the alternate physician selection. If the carrier fails to provide the requested change, the statute provides circumstances in which the employee may select the physician.
Does the new doctor have to be in the same specialty?
The Florida Division of Workers’ Compensation tells injured workers that the one-time-change doctor will have the same medical specialty as the current doctor. A request for a different type of specialist may involve a different medical issue.
What if I already requested a different doctor before?
A prior request may affect whether the statutory one-time change remains available. The prior communications and medical history should be reviewed before assuming another one-time change is available.
Does asking for a new doctor change my work status?
Not automatically. The Florida Division of Workers’ Compensation cautions that requesting a one-time change does not, by itself, cancel an existing return-to-work order or medical restriction.
Should I speak with a lawyer before requesting the change?
A lawyer can review prior requests, current doctors, treatment history, work restrictions, and carrier communications so you can understand how the one-time change may fit into the larger workers’ compensation claim.
Official Sources
Florida Workers’ Compensation Resources
This page is based on Florida’s workers’ compensation statute and information published by the Florida Division of Workers’ Compensation.
Florida Workers’ Compensation
Not sure what to do about your workers’ comp doctor?
Chase Injury Law can review what happened with your medical care, your request, the carrier’s response, and the rest of your workers’ compensation claim.
Legal information disclaimer: This page provides general information about Florida workers’ compensation law and is not legal advice. Every claim depends on its own facts, medical history, communications, timing, and procedural posture. Nothing on this page creates an attorney-client relationship. An attorney-client relationship is established only through a signed representation agreement.