Here is what many injured workers never find out: if your employer's panel is not valid, or if you were not given proper notice, you are free to treat with your own doctor from the very first day — and the insurer must still pay.
What Makes a Panel Invalid
- Fewer than six providers listed;
- Fewer than three physicians among them;
- Providers who are not geographically accessible;
- A posting that omits required details (name/specialty, address/phone, or any employment/ownership relationship with the employer); or
- A panel that is not posted where employees can actually see it.
What Counts as Improper Notice
The employer must give written notice of your duty to use the panel at hire and again immediately after the injury. If you were never notified, notified only once, or never asked to acknowledge the panel rights, the notice requirement likely was not met.
Why it matters: If the panel or notice fails, the 90-day restriction does not apply to you. Your choice of doctor — often a doctor who takes your injury seriously — is protected from day one.
How to Prove It
Keep any paperwork you were (or weren't) given, note where the panel was posted, and write down what you were told and when. An experienced workers' comp attorney can quickly assess whether the panel holds up.
Frequently Asked Questions
What makes a workers' comp panel invalid?
A panel is invalid if it has fewer than six providers or three physicians, isn't geographically accessible, omits required posting details, or isn't posted where employees can see it.
What if my employer never gave me notice?
Proper written notice is required at hire and after the injury. If you weren't notified, the 90-day panel restriction likely does not apply and you may choose your own doctor.
Think Your Employer's Panel Isn't Valid?
Speak with a Certified Workers' Compensation Specialist about your medical treatment rights. Free, confidential consultation. No fee unless we win.
(215) 206-9068