How to Get a Second Medical Opinion in Your Workers' Comp Case

In workers' comp cases, the doctor's opinion can make or break your claim. If your employer's doctor is minimizing your injury, clearing you to return to work too soon, or denying the need for treatment, getting a second opinion can be the difference between a fair settlement and losing your benefits. Here's how to do it.

The Problem with Employer-Chosen Doctors

In most states, employers or their insurers control which doctor you see, at least initially. These doctors — sometimes called "company doctors" — know who is paying them and often provide opinions that favor the insurance company. Common red flags include: clearing you to return to work before you feel ready, assigning an unrealistically low impairment rating, denying recommended treatment, or attributing your condition to pre-existing causes rather than your work injury.

Your Right to a Second Opinion

Most states allow injured workers to obtain a second medical opinion at some point in the process. The rules vary: some states allow you to choose your own doctor after an initial period (often 30–90 days), others require you to apply to the workers' comp board, and some require an Independent Medical Examination (IME) through an approved panel. An attorney can navigate your state's specific rules.

How to Find the Right Doctor for a Second Opinion

Look for a board-certified specialist in the relevant field (orthopedic surgeon for musculoskeletal injuries, neurologist for nerve injuries, etc.) with experience in workers' comp cases. Occupational medicine physicians are also well-positioned to evaluate work injuries. Avoid physicians known for providing opinions favorable to either side — you want an honest, credible medical opinion that will hold up at a hearing.

Challenging an Independent Medical Examination (IME)

Insurers often send workers for an IME with a doctor of their choosing, whose opinions routinely favor the insurer. You have the right to bring a witness to an IME, record the examination (where permitted by state law), request a copy of the IME report, and have your treating doctor respond in writing to the IME findings. An attorney can cross-examine IME doctors at hearings and challenge their credibility.

Using Your Own Medical Expert

Your attorney can retain your own independent medical expert to review your records and provide a competing opinion. Medical expert testimony is crucial in disputed cases. The cost is typically fronted by the attorney and recovered from the settlement. A strong medical expert opinion can be the deciding factor in a contested workers' comp hearing.