Stephen Hasner | Workers' Compensation | June 22, 2025
Workplace injuries often leave employees with more than physical pain. Many also struggle with uncertainty about their medical care, especially when a company-approved doctor issues a diagnosis or recommends treatment that feels incomplete, aggressive, or premature. Injured workers may wonder whether they can ask for a second medical opinion when this happens.
Georgia’s workers’ compensation system does not make the process simple. However, you may be entitled to request a second opinion under specific legal conditions. In some cases, the law allows for changes in authorized treating physicians and independent evaluations, but these options require procedural accuracy and awareness of your rights.
This article by Hasner Law, PC, explains how to get a second opinion for your workers’ compensation injury in Georgia, what rules apply, and how a second opinion could impact your benefits and medical treatment. It also addresses common concerns about cost, employer interference, and timelines. The goal is to help you make informed decisions during your recovery without sacrificing access to care or compensation.
Why Injured Workers Seek Second Opinions in Georgia
After an injury on the job, employees are usually referred to a physician selected from a list provided by their employer or the employer’s insurance carrier. This group, known as the panel of physicians, is required by Georgia law and allows the employer to control the initial direction of medical treatment. The treating physician selected from this panel plays a significant role in your case, determining your diagnosis, recommending treatments, issuing work restrictions, and declaring when you have reached maximum medical improvement.
Many workers question these evaluations. Some report that the company-approved physician dismissed their symptoms, rushed appointments, failed to order necessary diagnostic tests, or recommended a return to work before they felt ready. Others worry that the employer’s insurance provider is biased and influences treatment decisions.
In Georgia, injured workers are not free to choose any doctor. However, the law provides several pathways to challenge the initial evaluation and seek a second medical opinion. These rights protect workers from being bound to a diagnosis or treatment plan that may not reflect the true extent of their injury or the appropriate course of care.
Second opinions can help clarify whether surgery is the right option, whether a return to work is medically sound, or whether additional treatment is needed. They are also significant evidence for a dispute over benefits or treatment denial. For these reasons, second opinions carry legal and medical value in Georgia workers’ compensation cases.
The Function of the Approved Medical Provider in Georgia’s Workers’ Compensation System
Under Georgia law, the employer can direct medical care after a work-related injury by providing a panel of at least six approved physicians. The injured worker must select one of these doctors to serve as the authorized treating physician (ATP). This doctor becomes the leading medical provider for the duration of the claim unless a change is permitted.
The ATP is not just a caregiver. This physician’s opinions influence almost every part of the claim, including:
- Whether you can work or must remain off duty
- Whether physical therapy or surgery is needed
- Whether referrals to specialists are appropriate
- When you have reached maximum medical improvement (MMI)
- Your level of permanent disability, if any
The authorized treating physician’s reports are also relied upon by insurers and employers to make decisions about wage benefits, light-duty work offers, and case closure. If the ATP downplays your symptoms or recommends limited treatment, you may struggle to receive the necessary care and benefits.
This system can feel unbalanced. While the ATP is meant to treat the patient, they are also selected from an employer-controlled list. This raises questions about impartiality and care quality. Many injured workers wonder whether the ATP’s recommendations are influenced by cost containment or the employer’s interests.
This is often where the idea of seeking a second opinion begins.
How to Get a Second Opinion for Workers’ Comp in Georgia
Georgia workers’ compensation law allows for certain circumstances where a second medical opinion may be obtained. However, the process depends on your chosen path and whether your employer or the insurer agrees to the request.
Here are three primary options available under Georgia law:
1. One-Time Change of Physician
Under Georgia Code § 34-9-201, injured workers can request a one-time change to another physician listed on the employer’s panel. This change does not require the employer’s approval, but the new doctor must also be on the same panel of physicians. If you request a change outside this panel, you must seek approval from the Georgia State Board of Workers’ Compensation.
This route allows for a second opinion if another qualified provider is available on the list. However, it does not allow you to choose any doctor you want.
2. Independent Medical Examination (IME)
In Georgia, you may request an independent medical examination if you have not received one within the last 120 days. A physician of your choosing can conduct this evaluation, but you may be required to pay for it yourself if it is not pre-approved.
The IME is usually obtained when the injured worker disagrees with the ATP’s diagnosis, recommended treatment, or disability rating. It may be used to contest a return-to-work order or to support a request for additional care.
It is important to know that the employer or insurer may also request an IME to support their position. These exams carry weight in disputes and can become key evidence in a contested hearing.
3. Board Intervention for a New Physician
If your employer’s panel is noncompliant, if your ATP refuses to refer you for appropriate care, or if no suitable alternative appears on the panel, you may request a change of physician through the Georgia State Board of Workers’ Compensation. This requires filing the appropriate form (typically WC-200b) and explaining why a change is medically justified.
The Board can approve a new physician if the request is reasonable and in the interest of proper medical care. Workers often rely on legal counsel at this stage to ensure that the request is appropriately documented and submitted.
Deadlines, Forms, and Documentation for Requesting a Second Opinion
Timeliness is a significant factor in Georgia workers’ compensation claims. Requests for second opinions, physician changes, or IMEs must follow the procedures outlined by the State Board of Workers’ Compensation. Failing to follow these procedures may result in delays or denials.
To request a change of physician, you must submit a Form WC-200b, which allows either party to request a change in the treating doctor. This form must include specific reasons for the request, including whether the current treatment has failed, whether a referral was denied, or whether communication between the worker and the physician has broken down.
If you seek an IME, and 120 days have passed since your last one, you may request it in writing. Unless the insurer agrees to cover the cost, you should be prepared to pay for the examination. These requests do not require a specific form but should include relevant medical records and a written explanation of the issues in dispute.
In all cases, detailed documentation strengthens your position. Keeping a journal of symptoms, treatment outcomes, and communications with your physician can support your request. Letters from physical therapists, diagnostic results, or progress notes may also be used to justify the need for a second opinion.
How a Second Opinion Can Affect Your Workers’ Compensation Claim
A second medical opinion can significantly influence the outcome of your claim, especially when treatment plans, disability ratings, or benefit decisions are disputed. In Georgia, workers’ compensation claims are built on medical documentation. Therefore, a new medical evaluation has the potential to challenge or reinforce the conclusions made by the authorized treating physician.
One of the most common reasons to seek a second opinion is disagreement over a surgical recommendation. If the treating physician recommends a procedure that feels excessive or if conservative treatments have not been explored, a second opinion may provide a different care plan. This can delay surgery until all alternatives have been considered, or it may result in faster access to procedures that the original physician refused to order.
Another key area involves disability status. Suppose you have been told that you have reached maximum medical improvement (MMI) but continue to experience symptoms that interfere with your ability to work.
In that case, an independent evaluation may offer a more thorough or updated diagnosis. Disputes over MMI often influence whether wage replacement benefits continue, whether rehabilitation is appropriate, and whether a permanent partial disability rating is justified.
Second opinions may also affect the approval of prescription medications, physical therapy, or referrals to new providers. Sometimes, employers and insurers deny these services based on the ATP’s evaluation. Presenting a second medical report may shift that outcome.
However, it is essential to consider the limits of second opinions. Unless authorized or admitted as part of the record, a second opinion may not automatically override the authorized physician’s conclusions. For this reason, the strategic use of these opinions often requires assistance from legal counsel, especially if litigation is likely.
Costs, Coverage, and Employer Pushback
Georgia’s workers’ compensation system requires employers to cover all authorized medical care related to compensable injuries. However, this obligation does not extend to every second opinion unless properly authorized.
If you obtain a second opinion using your one-time physician change from the panel, that care is typically covered. Similarly, if the authorized treating physician initiates a referral for another provider, the employer or insurer must usually pay for that appointment as long as it is part of the approved treatment plan.
In contrast, an independent medical examination you schedule on your own may not be covered by insurance. You may be responsible for those costs if it qualifies under the statutory right to an IME within 120 days or is court-ordered. This expense may include the examination fee, diagnostic tests, and any associated administrative charges.
Employers or insurers may also attempt to delay or contest your request for a second opinion. Common objections include claims that the current treatment is adequate, that the provider is within the authorized panel, or that no formal dispute exists. These objections often include cost control and liability risk, not medical necessity.
Some insurers discourage second opinions by warning injured workers that unauthorized treatment could jeopardize benefits. This is partially accurate. If you leave the panel or receive unauthorized care without Board approval, the insurer may refuse to pay. However, if the second opinion is requested correctly and documented, it can serve as a legitimate and admissible part of your case.
What to Do If Your Request for a Second Opinion Is Denied
When an employer or insurer denies your request for a second opinion, you have legal remedies available through the Georgia State Board of Workers’ Compensation. You may begin by filing Form WC-14, which requests a hearing before an administrative law judge. This hearing allows you to present evidence that a change of physician or additional evaluation is medically appropriate.
If you have already submitted Form WC-200b and it was rejected, or if the employer refused to act on your request, the hearing process provides an opportunity to challenge that denial. You may introduce testimony, medical records, and treatment history to support your claim that the current care is inadequate or that further evaluation is necessary.
Another option is mediation, which the Board often schedules as an alternative to formal litigation. Both parties meet with a neutral mediator during mediation to explore a settlement or compromise. If the employer agrees to a second opinion during this process, it may avoid needing a full hearing.
In some cases, the denial of a second opinion is connected to larger disputes about treatment coverage, return to work status, or benefit eligibility. These issues often arise together and may require broader legal involvement. An attorney can help evaluate whether the denial was lawful and assist in preparing evidence for review.
How A Georgia Workers’ Compensation Lawyer Can Help During Medical Disputes
Georgia’s workers’ compensation laws are structured to favor early resolution and cost containment. As a result, injured workers often struggle to obtain the evaluations and treatment they believe are necessary. Medical disputes, including those involving second opinions, require knowledge of procedural rules and supporting evidence.
An attorney can assist by reviewing your current medical records, evaluating whether your care has been limited by employer influence, and identifying where your legal rights may have been restricted. Legal counsel may also prepare documentation to support a physician change request, coordinate with independent evaluators, and present your case during hearings or mediation.
In addition, attorneys experienced in workers’ compensation claims understand how second opinions can affect permanent impairment ratings, return to work status, and overall claim value. In some cases, an alternate evaluation may reveal permanent damage that was overlooked or minimized by the initial treating physician. That information could affect both future benefits and settlement calculations.
Legal representation does not mean filing a lawsuit in every situation. Many second opinion requests can be resolved through written correspondence, informal negotiation, or mediation. However, having legal representation in the background ensures that your medical rights are protected and that any treatment plan changes are properly structured to avoid unintended consequences.
Contact a Georgia Workers’ Compensation Lawyer for Help with a Second Opinion
If you have questions about your medical care or believe a limited or inaccurate diagnosis is delaying your recovery, you have legal options under Georgia workers’ compensation law. A second opinion can clarify, confirm your treatment plan, or uncover overlooked injuries requiring attention.
When requesting a second opinion, you must follow specific procedures to avoid putting your claim at risk. Whether you are considering a change of physician or need an independent evaluation for a disputed issue, an attorney can help you pursue the appropriate path and ensure that your rights are enforced.
Contact Hasner Law for a free consultation with a Georgia workers’ compensation attorney about your current medical treatment or request a case review. There is no obligation to move forward, and you may gain important information that improves your care and claim.
Frequently Asked Questions About Second Opinions in Georgia Workers’ Compensation Cases
Can I choose any doctor I want for a second opinion?
In Georgia, the employer provides a panel of physicians, and you must select from that list unless you obtain Board approval for a change. If you pay out of pocket for an independent exam, it may still be used as evidence, but it will not be covered under your benefits.
Will my benefits stop if I get a second opinion?
Not automatically. If you follow the legal process for requesting a second opinion, your benefits should not be affected. However, the insurer may challenge payment or treatment outcomes if you see a provider outside the authorized network without approval.
How long does it take to schedule a second opinion?
That depends on the method. A change to another provider on the panel may occur quickly. A formal request to the Board or coordination of an IME may take several weeks or longer, especially if disputes arise or hearings are required.
Can a second opinion override the treating physician’s diagnosis?
The opinion may be used to support a change in diagnosis, treatment plan, or benefit eligibility. However, the ATP’s opinion still holds legal weight unless it is formally challenged through the appropriate legal channels.
What if the second doctor agrees with the first?
That outcome is possible. However, it still confirms that the original diagnosis was accurate. If two physicians independently agree, your claim will likely proceed with less resistance from the insurer. If the second opinion differs, it can strengthen your position in resolving disputes.
