The 28-day rule
MCL 418.315(1) gives the employer control of the treating physician for the first 28 days from the "inception of medical care." After that 28-day period, the employee "may treat with a physician of the employee's own choice" as long as the employer is notified.
Two things trip up injured workers:
- The 28 days is measured from the start of medical treatment , not the date of injury.
- The right to switch is not automatic . You have to give the employer notice of the change before the insurer is legally responsible for paying the new doctor.
Why the first 28 days matter
The employer's choice of doctor during the first 28 days is not just a scheduling convenience — it shapes the medical record for the rest of the case. Company-selected physicians tend to:
Common patterns with company doctors
- Minimize the diagnosis. Sprain instead of tear; strain instead of herniation.
- Rush return-to-work. Full duty or restricted duty far sooner than the injury actually allows.
- Under-order testing. No MRI, no specialist referral, no imaging that would document the true extent of the injury.
- Under-document restrictions. Silent charts the insurance company can point to later.
You still have to attend the appointments during the first 28 days — refusing treatment can suspend benefits. But you should treat every visit like it will be read out loud in a hearing: describe symptoms accurately, list every affected body part, and ask for a copy of the visit summary.
How to switch doctors after day 28
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1
Find a doctor willing to accept a workers' comp patient. Your primary care physician, an orthopedic specialist, or a neurologist your lawyer recommends are all common choices.
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2
Notify the employer and insurer in writing. A dated letter or email identifying the new doctor and the date of the first appointment is enough. Keep a copy.
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3
Bring your prior records. Give your new doctor the imaging, therapy notes, and office reports from the first 28 days so they can build on the existing record.
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4
Ask the doctor to document restrictions in detail. Lifting limits, standing limits, hours per day, and any ergonomic accommodations should be spelled out on every visit summary.
Independent medical examinations (IMEs)
Separate from your treating doctor, the insurance carrier can require you to attend an independent medical examination under MCL 418.385. "Independent" is a misnomer — these exams are almost always performed by physicians the insurer hires repeatedly. IMEs are not treatment. They exist to generate a report the insurer can use to deny or terminate benefits.
If you're scheduled for an IME:
- Attend. Skipping can suspend your benefits.
- Bring a witness. A friend or family member can sit in and take notes.
- Log everything. Time in, time out, tests performed, and what was said.
- Tell your lawyer immediately. A bad IME report often precedes a benefit cutoff.
What if I already switched without giving notice?
You can still treat with a physician of your choice, but the insurer may refuse to pay bills for treatment before proper notice was given. In most cases we can retroactively cure the defect by giving notice going forward — but the earlier the switch is documented, the cleaner the case.
Stuck with a company doctor who isn't listening?
Call Jay Trucks & Associates. We can help you find the right specialist, send the proper notice to the insurer, and make sure the medical record actually reflects your injury. Free consultation, zero obligation.