If you’ve been injured on the job in Kansas, one of the first and most important decisions you’ll face is who provides your medical treatment. You might assume you can just go see your own doctor — but under Kansas workers’ compensation law, it’s not that simple. In most cases, your employer or their workers’ compensation insurance company chooses the doctor who treats you. This can feel frustrating, especially if you’re not getting the care you need or feel the provider is more loyal to the insurer than to your health.
So, do you have any say in the matter? Can you ever choose your own doctor in a Kansas workers' comp case? At Riedmiller, Andersen & Scott, we help injured workers across Wichita and Kansas understand their rights and fight for the care and compensation they deserve. Here’s what you need to know about medical provider choice in Kansas.
How the Doctor Selection Process Works in Kansas
Under Kansas law, your employer or their insurance carrier has the initial right to select the physician who will treat your workplace injury. This includes primary care and referrals to specialists. If you go to your own doctor without authorization, the insurance company may not have to pay for those medical bills — even if the treatment was necessary. This rule often surprises injured workers. But it’s written into the Kansas Workers Compensation Act as a way to control costs for employers and their insurers.
What If You Don't Like the Doctor They Pick?
Many injured workers quickly discover that the company-approved doctor isn’t working in their best interests. Some common complaints include:
- Feeling rushed or dismissed during appointments
- Inadequate treatment or failure to refer to specialists
- Minimization of pain or limitations
- Pressure to return to work too soon
- Biased medical opinions that favor the insurance company
If you're experiencing any of these issues, you have the right to request a change in physician.
How to Request a Different Doctor in Kansas
Under Kansas workers' compensation rules, you are allowed to request a change of doctor — but the process must be handled correctly. Here’s how it typically works:
- You submit a written request to your employer or their insurance carrier asking to see a different doctor.
- The insurance company may approve the new physician, deny the request, or offer an alternate provider.
- If your request is denied, you can petition the Director of Workers Compensation for a hearing to review your request.
In some cases, the judge may grant the change if there’s evidence that the original provider is not offering appropriate care or is acting in bad faith.
At Riedmiller, Andersen & Scott, our attorneys help clients file these petitions and make sure their medical rights are protected under Kansas law.
Can You Ever Choose Your Own Doctor Right Away?
There are some situations where you can pick your own doctor from the start, but they are limited. One example is if your employer refuses or fails to provide medical care at all. If you've reported your injury and no authorized treatment is arranged in a timely manner, you may have the right to seek care on your own — and be reimbursed later. Another example involves emergencies. If you're hurt at work and require immediate treatment, you can go to the nearest emergency room or urgent care facility. Once your condition is stable, further treatment typically must be arranged through the employer’s provider.
What Happens If You See an Unauthorized Doctor?
If you go to your personal physician without permission from the employer or insurer, they are not legally required to pay for that care. You may end up paying out-of-pocket for:
- Office visits
- Diagnostic tests
- Prescriptions
- Surgery or follow-up treatment
In some cases, this can jeopardize your entire workers’ comp claim — especially if the insurance company argues that you didn’t follow proper procedure. That’s why it’s critical to talk to a workers’ comp attorney before making any major medical decisions on your own.
Why Choosing the Right Doctor Matters
Your treating physician plays a central role in your workers’ compensation case. They will:
- Document your injury and symptoms
- Prescribe treatment and determine work restrictions
- Evaluate your progress over time
- Assign a permanent impairment rating (if applicable)
- Provide the medical opinion used to determine your benefits
If your doctor minimizes your injuries or downplays your need for ongoing care, it can reduce the value of your claim — or lead to early termination of your benefits. Having a doctor you trust is more than a comfort. It’s a critical part of building a strong case.
How an Attorney Can Help You Get the Care You Deserve
At Riedmiller, Andersen & Scott, we’ve seen firsthand how employer-approved doctors sometimes prioritize the insurance company over the injured worker. We help clients:
- Challenge unfair medical decisions
- Request changes in providers
- File motions with the Workers Compensation Division when necessary
- Pursue second opinions or independent medical evaluations
We also make sure all care is properly documented, all deadlines are met, and your medical treatment supports the benefits you're legally entitled to receive.
If you're unsure about your rights or frustrated with the treatment you're receiving, contact Riedmiller, Andersen & Scott today. We'll make sure your voice is heard and your recovery is fully protected.
