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Indiana Compliance

Physician Selection IC22-3-3-4

With few exceptions, the employer/insurance carrier has the right to direct medical care in Indiana. In most cases, the employer provides a physician, free of charge, for the treatment of an employee's injuries.

In emergency situations, the employee may be sent to the nearest possible treatment facility, with follow-up treatment chosen by the employer/carrier. If the employee seeks emergency medical care without the prior knowledge of the employer/carrier, the employee should notify the employer/carrier as soon as possible, requesting coverage under worker's compensation.

If the employer fails to provide "reasonable and necessary" medical treatment, the employee may go to any physician. However, if the employer/carrier refuses to pay for the treatment, the employee or the medical provider may have to file with the Board to seek reimbursement. IC 22-3-3-4(d).

When the employer directs an employee to medical treatment for a worker's compensation injury, the employer's insurance carrier cannot later refuse to pay for the treatment. IC22-3-3-4.

The employee always has the right to seek medical treatment and medical opinions at the employee's own expense.

Any time that an employee seeks medical treatment outside of the direction of the employer/carrier, the employee risks incurring liability for the medical bills. However, if the employee files an application for benefits with the Board, medical providers are to refrain from attempting to collect payment from the employee until it is determined who is liable for payment. IC 22-3-3-5.1.