In North Carolina, employers or insurers who are responsible for Workers’ Compensation payments have the right to hire a Rehabilitation Professional to help with a particular worker’s case. Injured workers are required to cooperate with both the medical and vocational rehabilitation professionals who may be hired by their employers.
At the same time, injured workers have the right to request that their Rehabilitation Professional not be present during medical examinations. In addition, if you are an injured worker who requires medical treatment, while the Rehabilitation Professional assigned to your case may consult with your doctor, only the doctor can determine what tests or treatments you should get. If the Rehabilitation Professional discusses your case with your doctor, the RP must tell you about those discussions, and give you copies of any letters her or she sent to or received from your doctor. Finally, if the RP provides reports to your employer, you have the right to receive copies of those reports. You do have to ask the RP, specifically, for copies of any and all reports and communications.
If you believe that a Rehabilitation Professional who has been hired or assigned to work on your case is not focused primarily on your recovery, you should consult an experienced North Carolina workers’ compensation attorney to discuss the possibility of requesting a different RP. In order to have an RP removed, you will have to demonstrate to the North Carolina Industrial Commission that you have valid reasons for your request.
For a free consultation regarding your workers’ compensation case, please contact the North Carolina Workers’ Compensation attorneys at Lee & Smith, by phone or email.