If you’ve been injured on the job, it’s your right to collect workers’ compensation benefits from your employer, including medical treatment costs based on a doctor’s assessment. But what if you’re unsatisfied with your physician’s diagnosis? At The Workers’ Compensation Law Firm, our attorneys have worked with many cases where our clients questioned getting a second opinion. Whether your doctor isn’t listening and you don’t trust him, or he’s claiming there’s nothing more he can do and you’re still in pain, here’s what you need to know about second opinions.
Generally, employers select a North Carolina Industrial Commission approved treating physician for medical compensation. If you’re unhappy with their opinion, or not seeing actual recovery results post treatment, you can request a second opinion and try to get approval from the Industrial Commission. Your appeal should be backed with reasonable cause, including medical records that support your request. A copy of your request should also be submitted to your employer and their insurance company. If the Industrial Commission denies your plea and you refuse to continue using your employer’s selected physician, there’s a risk of suspended compensation.
It’s important to know you are free to get a doctor’s second opinion about an injury on your own outside of the workers’ compensation system. Keep in mind though that your personal insurance company pays for that physician and not your employer’s.
An exception to the second opinion rule includes when a workplace injury results in total or partial loss of the use of a body part, or the inability to earn the same income in any employment as earned at the time of the workplace accident. When this happens, you’re entitled to an impairment rating from your employer’s treating physician to decide on an exact settlement amount. If you’re not satisfied with the rating, and the Industrial Commission agrees, you are entitled to a second opinion of another doctor of your choosing at your employer’s expense.
At The Workers’ Compensation, we understand that a full recovery without any obstacles from your employer or their insurance company is imperative. If you’re confident on receiving a second opinion, then we want to help get what you need. Whether that involves speaking to your treating physician for referral suggestions on a second opinion, or communicating with your employer and their insurance company, our goal is to get you the best treatment for your injury. If you or someone you know is having a similar problem, contact our workers’ compensation lawyers today for a free consultation.
Our attorneys specialize in workman's comp, personal injury, and dispute resolution services.
We have have a long history of building long-term client relationships founded on trust and mutual respect.
With over 25 years of experience in civil litigation and thousands of cases mediated, Frank specializes in the fields of workers compensation and personal injury law.
Sherman is Licensed to Practice Law in North and South Carolina. He has extensive education in law and the mediation practice, professional experience and impressive memberships in many noteworthy political, civic and business organizations.
Ashley M. Edwards
Ashley is a NC attorney and certified mediator in North and South Carolina, Ashley has represented hundreds of clients and mediated thousands of cases for attorneys, insurance carriers and private companies.
“These guys are awesome and care about their clients very much. I would suggest anyone hurt on the job to contact them. Cannot express my appreciation enough to them!"
“Ashley Edwards genuinely cares about his clients and holds himself to the highest standards in all of his professional interactions. I am happy to recommend him to anyone who needs help navigating the workers compensation process."
“Ashley has been practicing compensation law in the greater Wilmington area for 15+ years. I have often turned to him for advice and counsel. He knows the law, is trustworthy, listens to his clients, and fights to do the right thing for them. He is my first call!"
“Mr Edwards made my case feel like it was his most important case. He is so caring and attentive."
“This was the first and only law firm I contacted after being injured. Everyone there has been on point concerning my case and extremely professional. I highly recommend contacting workers comp first if injured. It will be as if it's the most important case they have and they will not disappoint. Thank you to the entire team."
“Wonderful Experience under difficult circumstances. They helped me understand my rights and options under the law. Mr. Edwards took the time to help and meet with me whenever I had questions. He is highly recommended for his expert advice and service. "
“This is the place to go if you get hurt on the job Ashley and his paralegal Janet are really nice and super easy to talk to and they take the time to really listen to your problems and get you the help you need and deserve."
“They came out took out time to listen very smart he knows what he's talking about he heard me out and took my case under difficult sircumstances and i highly advise this is the law firm to consider."
“Sherman is one of the best mediators that I know---he is extremely proficient in Workers' Compensation Law and he is an outstanding communicator. I give Sherman my highest rating!"
“Great Experience with a caring lawyer who took the time to actually meet with me. He handled my case to the end and explained everything. Highly recommended."
“Ashley is very knowledgeable and relatable to his clients, to opposing counsel, and to all parties when acting as mediator. "
“Ashley didn't always tell me what I wanted to hear but he always told me the truth. He is very knowledgeable and professional... I would highly recommend Ashley if you feel the need to hire an attorney. "
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