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MN Comp BuddyBuilt by Dan Swenson, Robert Wilson & Associates

Can I Pick My Own Doctor for a Minnesota Work Comp Injury?

Minnesota generally lets you choose the treating physician for a work injury. Managed-care plans, UCWCP, and later doctor changes have extra rules. An IME is not your doctor.

By Daniel Swenson, Minnesota workers' compensation attorney, Robert Wilson & AssociatesUpdated Reviewed

Yes, in most Minnesota claims you pick the treating doctor. The insurer pays for care that is reasonably required to cure and relieve the work injury under Minn. Stat. § 176.135. It does not get to assign its own clinic as your treating physician the way some states do.

Tell the clinic it is a work injury on the first visit, and tell your employer the same day.

What "your doctor" means

The treating physician is the one who writes restrictions, orders therapy or surgery, and later assigns a permanency rating. That record is what a compensation judge reads when the insurer's IME says something different.

An IME is not a treating visit. You generally have to attend a properly noticed IME, but that doctor does not become your doctor.

Two limits on the first choice

The first is certified managed care. If the employer is in a certified managed care plan under Minn. Stat. § 176.1351, non-emergency treatment usually has to stay inside that network. Emergency care is still covered. Ask HR or the adjuster whether a certified plan applies before you book elective care outside it.

The second is union construction. Some union construction claims run through the UCWCP program, which uses designated providers. If your claim is in that program, use the network the plan names.

Changing doctors later

The first treating relationship is the easy choice. A later switch can be a fight. Minn. Stat. § 176.135, subd. 2 says DLI writes the rules when the employee or the employer wants a change and they do not agree.

If you want to switch:

  • Put the request in writing to the adjuster before you drop the current clinic.
  • Ask the new doctor to request the old records so the file stays complete.
  • Do not skip a scheduled IME because you changed treating doctors. Those are different appointments.

Surgery and second opinions

You cannot be forced to have surgery. If you want a second opinion on whether surgery is needed, the employer pays for that opinion under § 176.135. The insurer can also require a second opinion before non-emergency surgery.

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