Can my employer legally attend a workers comp doctor appointment?
It is important to know your rights when making a workers compensation claim. Some employers may attempt to pressure you to return to work after an accident.
They may even try to be present during a medical consultation between the injured worker and their doctor. This is a breach of privacy.
Injured employees have no legal obligation to allow their employer to attend doctor appointments. You will be required to submit a medical certificate to your employer during the workers compensation process.
However, any medical appointments are private and confidential between the injured worker and their treating doctor.
Can I get work injury compensation?
Employers trying to attend doctors appointments for injured workers has become a concerning trend. If your employer tells you that you don’t have a choice then they are incorrect. The Fair Work Ombudsman has even issued a statement clarifying that it does not consider it reasonable for an employer to go to a medical appointment unless the employee requests this. The Ombudsman also does not consider it reasonable for an employer to contact the employee’s doctor for more information about their injuries.
Making a workers compensation claim can be a stressful process. You need to focus on your recovery above anything else after a workplace accident. It may seem easier to have your employer attend medical appointments to help them understand your situation. However, there is no legal or operational basis for employers or their representatives to be present.
WorkCover legislation is designed to facilitate a successful return to work after a workplace accident. Employers are encouraged to work together with the injured employee to ensure the best outcome for all parties. However, nowhere does it state that your employer can legally attend a workers comp doctor appointment. You should immediately consult with an experienced workers compensation lawyer if your employer says otherwise.
Calculate how much compensation you may get for your work injury or other accident.
You’re welcome at any time to contact us for a personalised free claim assessment which is tailored to your circumstances. Or feel free to use our compensation calculator which will give you an indication how much compensation you may be due.
Workers compensation cases can be complex and your claim may be rejected if you do not follow the correct processes. No matter what type of injury you’ve suffered you must tell your employer and give them a copy of your medical certificate within 30 days. Ensure you keep as much information as possible about your accident and any resulting injuries.
Seeking medical treatment is essential to the claims process as your medical records may be needed as evidence. You have the right to choose which doctor you consult with after a workplace accident. You may still be required to attend an appointment with a company doctor, but you only have to accept treatment from your personal medical practitioner.
The Personal Injury Lawyers have a specialist team of workers compensation lawyers to ensure you understand every step of the process. Call, chat or email us for expert guidance with your workers compensation claim including your rights with doctor appointments.
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