Can I pick my own doctor after a Manhattan construction injury?
In New York, many workers' comp settlements fall roughly in the $20,000 to $40,000 range, but that number means nothing if the wrong doctor writes you back to work too soon. Yes - you can usually choose your own doctor, as long as the doctor is authorized by the New York Workers' Compensation Board.
That is the part employers often leave out.
The follow-up question you should be asking is: Is the doctor authorized, and is my employer trying to steer me to someone who helps the insurance carrier more than the worker?
In New York, your employer cannot just force you to use its clinic forever. If your employer or carrier has a PPO, you may have to use that network for the first 30 days after the first treatment. After that, you can switch to any Board-authorized provider. If there is no valid PPO requirement, you can choose your own authorized doctor from the start.
This matters in Manhattan construction season. A flagger struck near a lane shift on the FDR, a laborer buried in a trench collapse, or a worker knocked down by equipment on a Midtown road job can look "light duty ready" on paper long before they are safe to return. A rushed exam can shrink wage benefits fast.
Protect yourself early:
- Tell your employer about the injury within 30 days
- File Form C-3 with the New York Workers' Compensation Board
- Make sure your doctor submits the medical report promptly
- Check whether the doctor is WCB-authorized
- Do not rely on your supervisor's version of your work restrictions
If someone other than your employer caused the injury - a driver, subcontractor, equipment company, or a gravity-related site hazard under Labor Law § 240 - you may also have a third-party claim on top of workers' comp. That can matter a lot more than the comp doctor's "light duty" note.
We provide information, not legal advice. Laws change and every accident is different. An experienced attorney can evaluate your specific case at no cost.
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