Mississippi Workers’ Compensation: Understanding Your Right to Choose a Doctor

When you’re injured at work in Mississippi, one of the most critical decisions you face is choosing a doctor for your medical treatment. Under Mississippi workers’ compensation law, injured workers have certain rights regarding their choice of physician. Understanding these rights can help ensure you receive the medical care you need while protecting your workers’ compensation benefits.

Your Right to Choose a Physician in Mississippi

According to Mississippi Code Ann. § 71-3-15 and the Mississippi Workers’ Compensation Commission (MWCC) General Rules, injured workers have the right to choose their own physician instead of using the doctor selected by their employer or insurance company​.

Here’s how it works:

• Your employer must provide initial medical treatment, which includes selecting a competent physician for your immediate care​.
• However, you have the right to switch to a doctor of your own choosing, as long as they are competent and located in a reasonably convenient area​.
• Once you select a physician, this choice is final, unless you obtain approval from your employer or the MWCC to change doctors.

What Happens If Your Employer Selects Your Doctor?

Many workers don’t realize they do not have to accept the doctor chosen by their employer. If your employer sends you to a specific doctor, you can still exercise your right to pick another doctor—but only once without needing additional approval​. If you need to change doctors again, you must get permission from the MWCC.

Employer’s Right to Request an Independent Medical Examination

While you can choose your own treating physician, your employer or their insurance company has the right to request that you see a doctor of their choice for an independent medical examination (IME)​. However, this visit is not for treatment—it’s for evaluation purposes to determine the extent of your injury and need for further care.

Employers must:

• Schedule the IME at a reasonable time and location.
• Prepay mileage and other expenses related to the visit​.
• Provide copies of the medical reports to the MWCC and the injured worker​.

Failure to attend an IME without a valid reason could result in your workers’ compensation benefits being suspended​.

When Can You Change Your Doctor?

If you believe your treatment is inadequate or inappropriate, you can request a change of physician. You will need to:

1. Request approval from your employer or insurance carrier.
2. File a formal request with the MWCC if your employer denies the request​.

If the MWCC determines you are not receiving proper medical care, it may order your employer to cover treatment from another physician​.

Protecting Your Right to Quality Medical Care

It’s essential to act quickly and understand your rights when seeking medical treatment after a workplace injury. Employers and insurance companies may pressure you to use their preferred doctors, but you have the legal right to choose a physician who will prioritize your health and recovery.