Share:

If you sustained an injury on the job and you’re entitled to workers' compensation benefits, your treating doctor will play a major role in the proceedings. This physician will diagnose and treat you, monitoring your condition from day one with a comprehensive understanding of your prognosis. Whether they can serve as an expert witness, though, will depend on the circumstances. Below is some information about the role that treating doctors play in securing workers’ compensation benefits. 

How Your Treating Doctor Will Influence the Claim

Your treating doctor will have a major impact on the amount of compensation you end up receiving. As your physician, they must evaluate the severity of your condition, determine any physical limitations, and track your recovery. Since this provider will also be the one who refers you to specialists, they can also determine the quality of care you end up receiving. As such, it’s crucial to find a doctor who is willing to listen to your concerns and take them seriously. 

Thankfully, those seeking workman’s comp in New York have considerable control over whom they see for care. Claimants can typically choose from a list of authorized providers. While some insurance companies limit the choice of doctor to the company’s preference, you can select another doctor from that list if your condition hasn’t improved after the required waiting period, depending on the state.

How Your Treating Doctor Can Help in Trial

workers' compensationWhile treating doctors can provide valuable testimony that contributes to their patients’ claims, they do not typically serve as expert witnesses. In most cases, they're considered fact witnesses because they testify to facts of your injury. They explain what they observed when diagnosing and treating the claimant. 

Expert witnesses, on the other hand, may provide their professional opinion regarding the situation. They can discuss things that they didn't actually see firsthand and propose explanations for the statements that any fact witnesses submit. Generally speaking, treating doctors can only serve as expert witnesses if they’ve proven to be a competent specialist in their field. For any of their expert testimony to be considered, they must submit it in the form of an exhaustive written report, which is more demanding than providing a testimony as a fact witness. 

 

If you want to file a workers’ compensation claim in New York, turn to Vincent J. Criscuolo & Associates. Based in Rochester, this firm is located above the Workers’ Compensation Board Hearing Chambers for added convenience. Their knowledgeable workers’ comp lawyers are backed by decades of experience, and they know how to resolve even the most complicated claim disputes. Visit their website to see what past clients have to say about the counsel they provide and call (585) 232-3240 to schedule a consultation.

tracking