What is the responsibility/right of the employer to direct medical care?
Pursuant to Indiana Code 22-3-3-4 after a work related injury the employer has the duty to furnish the employee with a treating physician and such surgical, hospital, and nursing services and supplies as the attending physician or the Workers Compensation Board deems necessary. The employee is not able to obtain medical care unless authorized by the employer except in cases of an emergency, if the employer has not provided an attending physician or other medical services, or for other good reason. This statute has been interpreted to mean that if the employer does not provide adequate medical care then the employer has waived their right to direct medical care. Communication between the employer, employee and medical providers is key to the ongoing treatment of the work related injury.
