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Wisconsin Compliance

Physician Selection 102.42

When a worker reports an injury, the employer shall offer the worker the right to select a doctor of the worker's choice for treatment. The employee may select any physician, psychologist, chiropractor, dentist or podiatrist who is licensed to practice in Wisconsin. If the injury creates an emergency situation, the employer may make whatever arrangements are necessary for immediate treatment. Once the emergency passes, the worker has the right to select a doctor for future treatment.

If the employee is not satisfied with the first doctor, one more choice is allowed; however, the worker must notify the employer of this second choice. The law recognizes that if the employee does not have confidence in the first doctor, recovery may be delayed. If the attending doctor refers the employee to a specialist or a series of specialists, this referral is still considered to be treatment by one doctor. If several doctors in one partnership or clinic are seen, these are all considered one doctor. After changing doctors once, any further change may be made only by mutual agreement between the employee, employer and insurance carrier.

Failure to notify the employer of the initial selection or of a change of doctors can lead to a disputed claim and the possibility of the injured employee having to pay for the entire cost of treatment.