QUESTION
Can we legally demand a second opinion? How?
Asked on Feb 15th, 2013 on Workers Compensation - North Carolina
More details to this question:
My boyfriend was recently injured at work, where he is an overnight grocery stocker; he had 2 cases of cans fall and break his thumb in 2 places. He was given 2 weeks off of work from the hospital, given a splint, and told to return to work. However, he visited an orthopedic surgeon who said that if the thumb were re-injured at all it would require surgery to fix, and that the splint the hospital had made was re-breaking his thumb every time he used it. He was given a proper splint and told to return in two weeks so that physical therapy could be started if he was healed enough. When we contacted the HR department for his employer, he was told that he had not asked permission to see a doctor, and that he would have to see the doctor they use. That doctor, though initially concerned with the injury, immediately changed his tune when he found out my boyfriend was there for workman's comp from the company. Can we demand a second opinion from an unaffiliated doctor? How do we do that?
1 ANSWER
Litigation Attorney serving Raleigh, NC
at
Burns, Day & Presnell, P.A.
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Meghan,
Your boyfriend needs to consult with a worker's compensation attorney. That attorney can walk him through the process, and make sure that all of his options are explored. Good luck to you both going forward.
Jay Mills
James J. Mills
2626 Glenwood Ave., Ste. 560
P.O. Box 10867
Raleigh, NC 27605
Telephone: 919.235.3824
Fax: 919.782.2311
www.burnsdaypresnell.com
Answered on Feb 17th, 2013 at 3:27 PM