For the first 90 days, your employer may require treatment with a posted panel doctor — but only if the panel is valid and you got proper notice. If either fails, you can choose your own doctor from day one.
Do You Really Have to See "Their" Doctor?
After a work injury, many Pennsylvania employees are told, "You have to treat with our doctor." That is only partly true—and the details decide whether you're stuck with a company-friendly physician or free to choose your own. The rule at the center of this is the 90-day panel of physicians rule.
The Basic Rule
If your employer has a valid posted panel of physicians and gave you proper written notice of your rights and duties, then for the first 90 days after your injury you generally must treat with a provider on that panel for the employer/insurer to be required to pay. After 90 days, you may treat with any provider you choose and comp still pays for reasonable and necessary care.
But the Rule Only Applies If the Panel Is Valid
The 90-day restriction collapses if the employer didn't follow the rules. A valid panel generally must:
- List at least six providers, with at least three physicians;
- Be geographically accessible and appropriate to your injury;
- Be properly posted where you can see it, with names, addresses, phone numbers, and specialties.
And you must have received proper notice—typically at hire and again at the time of injury—informing you of your rights and your obligation to use the panel.
If the panel is invalid, or the notice was never properly given, the 90-day rule does not bind you, and you may choose your own doctor from day one.
Important Exceptions
Even with a valid panel, you are not locked in when:
- You need emergency care;
- The panel has no appropriate specialist for your injury (brain injuries often require specialists a generic panel lacks);
- A panel provider refers you out to another provider;
- An invasive procedure (like surgery) is recommended—you may seek an additional opinion, and the employer may have to pay for related treatment.
Why This Matters for Brain Injuries
A generic panel built around orthopedic and occupational-medicine clinics may have no neurologist, neuropsychologist, or TBI specialist. That gap can be the very reason you're entitled to treat with the right specialist on your own terms.
How We Help
Certified Workers' Compensation Specialist Michael Cardamone checks whether the panel and notice were actually valid—because when they weren't, your right to choose your own brain-injury doctor may have existed all along. Where a third party caused the injury, we coordinate that claim with heavyweight personal injury colleagues.
Not Sure If You Can Switch Doctors? Ask Us—Free
If you're being pushed to a panel doctor after a brain injury, let us check whether the 90-day rule even applies to you. Call (833) 898-4587—free, confidential, 24/7, no fee unless we win.
Free Case Review
If you or a loved one has suffered a brain injury at work, contact us today for a free, no-obligation consultation. We'll evaluate your case and explain your options.
(833) 898-458724/7