In 2004, the Schwarzenegger administration’s reforms to the workers’ compensation program placed new restrictions on workers who may see their own doctors after a worksite injury. Under these rules, workers must predesignate their doctor before they become injured to be treated by that physician, otherwise, workers must choose a doctor from a list provided by their employers.
But only certain workers can predesignate their physician. To qualify, you must be covered by an employer-provided group health insurance plan. You can only predesignate your regular doctor who has maintained your medical records, and has agreed to be predesignated. Doctors must follow group health insurance rules when determining treatment and making referrals to specialists. Pre¬designation forms must be completed and turned into the employer prior to injury.
The right to see your own doctor is set to expire on December 31, 2009 unless action is taken. A November 2005 study from the Public Policy Institute of California documents that this limited right to predesignate strikes a balance between employee and employer choice of physicians. It concludes that when workers can choose a doctor they have a prior relationship with, em¬ployer costs are no higher, yet injured workers are much more satisfied with their medical treatment.
SB 186 (DeSaulnier) will simply eliminate the December 31, 2009 sunset date on the right to predesignate. Unless SB 186 gets signed into law, no workers will be able to see their own doctors if they get injured on the job. We will all be forced to see the company doctor.
We encourage all union members to complete a "Doctor Predesignation Form" and file it with their employers.
Resources
Guidebook for California’s Injured Workers This guide helps California workers with job injuries understand their legal rights and responsibilities, and outlines the steps to take to request workers' compensation benefits.
California Division of Occupational Safety and Health The state’s Department of Industrial Relations provides information on injury prevention, public safety, filing a complaint and more.
WORKSAFE! a broad coalition of Californians in favor of worker occupational safety and health protection.
AFL-CIO Safety and Health at Work Click here for the latest news and resources on federal health and safety issues.
Voters Injured at Work a non-profit political organization that advocates for fair and adequate compensation for injured workers. Union members- enter referral code 9575 for a free membership.