Can You Choose Your Own Workers’ Comp Doctor in Florida?

Clients ask us this all the time, and the answer often surprises them. In Florida, you generally cannot choose your own workers’ compensation doctor. Under Florida Statute Chapter 440, your employer or their workers’ comp insurance company has the legal right to select and authorize the doctors who evaluate and treat your work-related injuries.

Why? Because the employer or insurance carrier is responsible for paying your medical bills—but only for treatment performed by doctors they authorize in advance. Those doctors must also agree to treat injured workers under the Florida Workers’ Comp Fee Schedule, which limits how much they can charge. It works similarly to health insurance: you must see a doctor who accepts that system, except here, the employer/carrier chooses the provider by law.

Are There Any Exceptions?

Yes—two main ones.

1. One-Time Change of Doctor

You are allowed one change of doctor, but the request must be made in writing. Once the employer or carrier receives your written request, they have only five days to choose and authorize a new doctor and provide you with the name.

If they fail to respond within this five‑day window, you gain the right to choose the new doctor yourself. However, that doctor must still agree to treat you under the workers’ comp fee schedule.

2. Independent Medical Examiner (IME)

You may also select an Independent Medical Examiner (IME), but an IME does not provide treatment. An IME doctor:

• Must be a doctor you have never seen before
• Can only evaluate you once
• Provides a written report with findings and recommendations

IME evaluations are expensive—typically $2,500 to $5,000 —and workers’ comp does not have to accept the IME doctor’s opinions. If there is a dispute, the issue may go before a judge to determine whether you receive the treatment recommended.  The cost for this IME is paid by the Claimant and not by workers' comp.  

For these reasons, IMEs should only be pursued with the guidance of experienced legal counsel.

Need Help Navigating Your Workers’ Comp Medical Rights?

Attorney Anna Katherine Stone has more than 24 years of experience handling every aspect of Florida workers’ compensation cases. If you’re unsure about your medical rights, doctor changes, or an IME request, professional guidance can make all the difference.

Call or Text for a free consultation: 813‑485‑8041
Main Office: Tampa
By Appointment Only: Ocala
We represent injured workers throughout every county in Florida.