PENNSYLVANIA WORKERS' COMPENSATION ATTORNEYS

The rule your employer is referring to is commonly known as the “90-day rule”. This rule requires you to treat with a “company doctor” or “Panel Doctor” for the first 90 days following your work injury as long as certain conditions are met.

Most of the time these conditions are violated thereby allowing you to treat with a doctor of your choice. Common violations include:

The Workers’ Compensation Act requires your employer to provide you with written notification of your Rights and Duties with respect to seeking medical treatment. This requirement is only met if the employer can show you signed a written acknowledgment that you were informed and understand your rights and duties.

A violation of this condition renders the 90-day rule inapplicable and you may treat with any doctor of your choice!

The written notice and your signed written acknowledgment referenced in #1 above must be obtained on two occasions. First, it must be obtained at the time of hire and Second, it must be obtained immediately after the injury or as soon thereafter as possible under the circumstances. 

A violation of this condition renders the 90-day rule inapplicable and you may treat with any doctor of your choice!

Your employer must have a designated list of at least six medical providers posted at your job site. Three of these providers must be physicians. This list must also be provided on the Rights and Duties notification provided and signed by you. 

A violation of this condition renders the 90-day rule inapplicable and you may treat with any doctor of your choice!

Many times an employer will direct its employee to treat with a particular doctor. This is a violation of the Workers’ Compensation act which states “the employer may not require treatment with any one specific provider on the list, nor may the employer restrict the employee from switching from one designated provider to another designated provider.”

A violation of this condition renders the 90-day rule inapplicable and you may treat with any doctor of your choice!

Even if your employer does all of the above, you still may treat with a medical provider of your own choosing.  Although the Workers’ Compensation Act says that your employer does not have to pay for medical treatment from a non-panel doctor for the first ninety (90) days, you may still treat with a doctor of your own choosing.  

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Speak directly to Brian Kredo, a partner at MMK Law. 

Brian J. Kredo, a partner at MMK Law, has been litigating workers’ compensation cases in Philadelphia and the surrounding counties for the past twenty-seven (27) years.  Mr. Kredo has received numerous honors as a lawyer including being recognized as a Pennsylvania Super Lawyer in the Philadelphia Magazine; being named one of America’s Top 100 Attorneys; and being recognized as Member of the Million Dollar Advocates Forum presented only to attorneys who have received verdicts for their clients in excess of One Million Dollars.  Mr. Kredo has also served as a lecturer and presenter on workers’ compensation law at Villanova University.