Workers who require medical treatment after suffering an on-the-job injury in Miami must attend all of their scheduled doctor’s visits until they have reached a point of recovery. When the treating physician feels as though the worker is ready to return to work, he/she will release them from care. Unfortunately, there are times when a worker is released from care but doesn’t feel ready to return to work.


What can a workers’ comp recipient do when they feel their treating physician sent them back to work too early?


The Florida Division of Workers’ Compensation recommends that a worker choose one of the following options listed down below:


  1. Discuss the issue with their treating physician and ask for a second opinion. This would allow another physician to assess an employee’s condition and determine if they were, in fact, ready to return to work.


  1. In the event the treating physician is not willing to request a second opinion, the employee can request a “one-time change of doctor.” Florida Statute §440.13(2)(f) states that an employee is required to submit a written request and if granted, “the carrier shall give the employee the opportunity for one change of physician during the course of treatment for any one accident.” The law states that the insurance adjuster gets to choose the new doctor and he/she must “have the same medical specialty as [their] current doctor.”


  1. Have an Independent Medical Evaluation (IME) performed. In order to do this, an employee is required to obtain “approval from the carrier on [their] choice of evaluator.” When an employee chooses to have an IME performed, he/she must be prepared to cover the expenses associated with this.


Although an employee may feel as though their treating physician released them from care too early and they are now required to return to work, the Florida Division of Workers’ Compensation says that the treating physician is the only one who can place a worker, and keep them, in a no-work status. In the event a treating physician releases an employee back to work, the Division says that he/she is “required by law to make a good-faith effort to return to work.” Those who do not return to work could lose their lost wage benefit payments or even their job.


Mario Trespalacios P.A. Can Assist a Miami Employee Who Believes They Have Been Released Back to Work Too Early


If a worker is unsuccessful as getting their physician to extend their care which would allow them more time to recover, they can always contact Mario Trespalacios P.A. to discuss the matter with a Miami, FL workers’ comp lawyer. Employees who return to work too soon run the risk of worsening their condition. To find out how a Miami, FL workers’ compensation attorney can help an employee who has been released from care too soon, contact Mario Trespalacios P.A.


Mario Trespalacios P.A. can be contacted at:


9495 SW 72 Street, Suite B-275

Miami, FL 33173

Phone: 305-261-5800


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