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Workers’ Compensation

The Danger of Going to an Occupational Clinic

O.C.G.A. § 34-9-201 — Georgia Panel of Physicians

Most workers’ compensation lawyers will tell you that one of the biggest mistakes an injured worker can make is agreeing to treat at an occupational health clinic. In Georgia, many clinics present themselves as experts in occupational medicine — but in our opinion, several of these “repeat offenders” care primarily about keeping insurance companies happy, provide sub-standard care, and can seriously damage your workers’ compensation claim.

Be wary of any medical group with “occupational medicine” or “occupational health” in its name. Some of the clinics we counsel clients to avoid include:

This list isn’t exhaustive. On the other hand, not every “urgent care” is an occupational clinic — most WellStar Urgent Care centers, for example, are not, and are often unbiased.

Why Is It a Mistake to Visit an Industrial Clinic?

Occupational health clinics get most of their business from big employers and their workers’ comp insurers. To the clinic, the real “client” — the one paying — is your employer and its insurer, not you. If employers don’t like how a clinic handles cases, they stop sending patients and the clinic loses business. So clinics get sent more injured workers when they help the insurer instead of the patient.

That creates a clear conflict of interest. Serious care and testing cost their real client more money — and keeping a badly injured worker out of work means the employer must cover the job and the insurer must pay weekly wage-replacement benefits. So your clinic doctor may tell you they “aren’t allowed to take you out of work.” That simply isn’t true, and it isn’t the law. Many clinics have even developed “policies” and “treatment protocols” with insurers designed to minimize care, testing, and lost time.

Example — refusing to treat the whole injury John fell 10 feet off scaffolding and landed upside down. At the hospital he complained mostly about his arm, broken in two places — but he’d also injured his head, neck, and back. His employer ordered him to an occupational clinic the next day, where the adjuster authorized care only for the arm. The clinic doctor refused to treat or even document John’s other injuries, so the medical notes made it look like he only ever complained about his arm. His trial testimony eventually convinced the judge he’d reported multiple injuries — but getting to trial took over a year, during which he couldn’t get the care he needed.
Example — refusing “no work” status Jane felt a pop in her back at work, followed by severe pain and tingling down her leg. The clinic took X-rays and found a compression fracture in her lumbar spine — a literally broken spine — yet released her to “light duty,” claiming she could do a seated job, and told her she couldn’t return unless she also returned to work.
Example — delaying an MRI One worker with a knee injury was made to complete 12 painful physical-therapy visits before being allowed an MRI months later — which showed an ACL tear the therapy had actually worsened. Another worker with every symptom of a severe, potentially paralyzing disc injury was refused an orthopaedic referral or MRI until she’d returned to the clinic six times; by the time she got the MRI showing multiple herniations, the delay meant she now needed surgery.

Isn’t This Medical Malpractice?

Every case is different. If you’ve been treated this way, you may have a malpractice case — but it’s very hard to bring one in Georgia, because the laws are written to protect doctors and the insurers that pay them. Typically only the most egregious conduct, resulting in catastrophic consequences, leads to a lawsuit. That said, injured workers who get “chewed up and spit out” by these clinics should still call us, because the workers’ compensation claim can often be salvaged. And to be clear — not every doctor is like this; many have your best interests at heart, and some clinic doctors want to do right but have their hands tied by the insurer and management.

If I Refuse a Clinic, Can I Pick My Own Doctor?

Employers often tell injured workers they “must” go to an occupational clinic. That’s against the law — yet it happens constantly. Some employers don’t even realize they’re breaking the law; others know and mislead workers anyway, hoping to keep premiums down (more common in warehouses, industrial facilities, and processing plants).

What the law actually requires. Under O.C.G.A. § 34-9-201, every Georgia employer with at least 3 employees must post a full list of doctors — the “panel of physicians” — prominently in the workplace, show it to you, and explain it after a work accident. If they do, you must pick from that list. The provider you choose becomes your authorized treating physician (ATP), who holds supreme power over what care and testing you receive — which is exactly why the insurer wants to steer you to one of the clinics above. A proper panel is required to include real specialists, not just occupational clinics.

Seriously Hurt? Call Before You Pick a Doctor.

If your injury is minor, a clinic can patch you up. But after a serious accident, the best move is to call us before you choose a doctor — an experienced attorney can tell you which doctors on the panel are fairest and which are deep in the insurer’s pocket. As we say: a good lawyer knows the law, but a great lawyer knows the doctor.

Request Your Free Consultation Call 404-LAW-TEAM (404-529-8326). Workers’ comp fees are set by statute and approved by the State Board — paid only from benefits recovered.

Morrison & Hughes, serving clients across Georgia. This article is general information, not legal advice.

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