Switching Doctors in Workers’ Comp Cases: What California Law Says

After a workplace injury, your doctor plays a critical role in your recovery, work restrictions, and workers’ compensation benefits. But what happens if your treating physician is not listening, delays care, or downplays your injuries?

Under California law, injured workers may have the right to switch doctors, but the rules are strict, time-sensitive, and often misunderstood. For first responders, choosing (or changing) the right doctor can directly affect duty status, presumptive injury protections, and long-term benefits.

This article explains when and how switching doctors in California workers’ comp cases is allowed, and what firefighters, police officers, and EMTs need to know to protect their medical rights.

Understanding Medical Control in California Workers’ Compensation

California Labor Code §4600 guarantees injured workers the right to receive all medical treatment reasonably required to cure or relieve the effects of a work-related injury.

However, employers and insurance carriers often control which doctors you initially see, especially when a Medical Provider Network (MPN) is involved. That makes knowing your right to switch doctors especially important.

For a full overview of medical protections, read our pillar guide: Your Medical Rights in California Workers' Compensation Cases.

Switching Doctors in California Workers’ Comp Cases

Switching doctors in California workers’ comp cases is allowed under specific circumstances, depending on timing, employer medical networks, and whether disputes arise in your claim.

Switching Doctors After 30 Days

After 30 days, injured workers generally gain more flexibility.

If an MPN exists:

• You may change doctors within the MPN

• If treatment remains inadequate, you may request:

  • A second opinion

  • A third opinion

  • An Independent Medical Review (IMR)

If the MPN fails to provide appropriate care, treatment outside the network may be authorized. You can view more information via the California DWC -- Medical Provider Networks page.

What If You Pre-Designated Your Personal Doctor?

California law allows workers to pre-designate a personal physician before an injury occurs, provided certain requirements are met.

If properly pre-designated, you may:

• Continue treating with your chosen doctor

• Avoid MPN restrictions altogether

This is particularly valuable for first responders, who often require continuity of care for cumulative trauma, orthopedic injuries, or PTSD.

Learn more here: Can California Workers Choose Their Own Doctor for a Work Injury?

Medical Disputes and Qualified Medical Evaluations (QMEs)

If the insurance carrier disputes your doctor’s diagnosis, work restrictions, or treatment plan, it may request a Qualified Medical Evaluation (QME).

A QME can determine:

• Whether your injury is work-related

• Your disability rating

• Your future medical care

• Your ability to return to work

As a first responder, you can visit our recent post: Qualified Medical Evaluations (QME): What First Responders Should Know for more tailored information.

A very useful resource FAQ can he found on the California DWC – QME Information page.

Why Switching Doctors Is Especially Important for First Responders

Firefighters, police officers, and EMTs face unique pressures that make doctor choice critical, including:

• Presumptive injury laws

• Return-to-duty expectations

• Cumulative trauma over long careers

• PTSD and mental health claims

• Department-preferred providers

An ineffective or dismissive doctor can jeopardize not only recovery, but also benefit eligibility and career longevity.

Learn more about first responder protections here: California Workers’ Compensation for First Responders: Firefighters, Police, and EMTs.

When Legal Guidance Becomes Critical

You should consider speaking with a workers’ compensation attorney if:

• You are denied a doctor change

• Treatment is delayed or prematurely cut off

• Your doctor minimizes your injury

• A QME threatens your benefits

• You are a first responder facing pressure to return to work

Switching doctors incorrectly, or too late, can permanently affect your case.

Contact WCWCA

At West Coast Workers’ Comp Attorneys (WCWCA), we help injured workers and first responders protect their medical rights, challenge improper denials, and secure appropriate care.

Call 415-218-5634 or contact us here.

“This article has been reviewed and approved by attorney Brittany Huynh of West Coast Workers Comp Attorneys.”