Can injured workers seek a second opinion about a treatment plan?

A physician or medical doctor overseeing a Minnesota workers’ compensation claim plays an important role. They help validate a worker’s assertion that their malady relates to their employment. They propose a specific course of treatment based on the worker’s condition. They also determine when the worker can get back to their job and what accommodations they may need to work safely.

Usually, injured workers have the option of selecting their own physician in a Minnesota workers’ compensation claim, which is important protection. However, even if they choose a doctor they trust, they may eventually disagree with the doctor’s treatment plan.

Does an injured employee have the right to a second opinion if they don’t agree with a determination made by the physician overseeing their claim?

Second opinions can be quite valuable

Physicians sometimes develop tunnel vision. They become so acclimated to using one particular treatment that they fail to consider other options. For example, a physician treating a patient with a major knee injury caused by a traumatic incident at work may suggest a surgical solution.

The patient may not want the risk of surgery or the lengthy downtime required to recover from it. If the contested treatment plan involves surgical intervention, Minnesota’s workers’ compensation laws require that employers pay for a second opinion if requested by the employee. The employer also has the right to request a second opinion and have the worker see a different physician to see if there are other treatment options available.

If the proposed treatment plan does not involve surgery but other, less-invasive treatments, then workers’ compensation rules do not automatically require that employers pay for a second opinion. That being said, workers may sometimes find it worthwhile to cover the cost of a second opinion appointment with an outside physician using their own resources. Doing so can help them explore their options and convince the overseeing physician to consider alternative treatment plans.

Workers who have questions about proposed treatment plans and other medical benefits may need help when their workers’ compensation claims become complex. Understanding what the rules permit can be useful for those who have questions about their treatment options and other rights when they are dealing with a work-acquired medical condition.