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Workplace Injury Frequently Asked Questions

WARNING: All of the information provided here is of a general nature only. The specific facts of your case may require a completely different answer. Do not base any decision with respect to your case solely on any of the answers found herein. Prior to making any decision with respect to your case, you should speak with a competent attorney who is familiar with the laws that relate to your case.

I do not like the doctor that the workers compensation carrier has referred me to. Can I change doctors and go to a physician of my choice?

Answer: Under Virginia workers compensation law, there is really no mechanism for obtaining a second opinion and having the employer/comp carrier pay for it; however, if your approved treating doctor claims there is nothing more than can be done for you, and you are still experiencing pain, you may be able to seek another 3-doctor panel from the employer to choose from.

In addition, in Virginia, there is absolutely no problem whatsoever with you seeking treatment from any doctor you want—you just will not be able to get the employer to pay for it.

You may have to seek treatment that is covered by your private health insurance. Sometimes, it is necessary to go this ‘private doctor’ route in order to find a health care provider with a more sympathetic ear, and who is not in the pocket of the workers comp insurance company, to provide the evidence necessary to prove your case before the Commission.

If that ‘private doctor’ makes sense, especially if he or she finds the source of a medical problem that your workers compensation doctors refused to acknowledge, the Commission may very well accept the opinion of that private doctor over your workers compensation treating doctor.

Virginia Beach Office

5500-B Greenwich Rd.
Virginia Beach, VA 23462

Elizabeth City Office
(by appointment only)
507 E Main St #K
Elizabeth City, NC 27907

If you are looking at this site, you or a loved one has probably been hurt. If that's true, you've come to the right place. Helping people who have been hurt is what we do. In fact, it is all we do. Joe Miller Law is a law firm concentrating exclusively on representing people who are injured by the carelessness of others or those hurt on the job. We provide the highest quality legal services to people who have been seriously injured. We practice Personal Injury law and Workmens' Compensation law in both Virginia and North Carolina.