Can I Choose My Own Surgeon for Workers' Comp in Illinois?
Quick Answer: Yes. Under Illinois law (820 ILCS 305/8), injured workers have the right to choose their own treating physician, including their surgeon. Your employer may designate the first choice, but you have the right to make a second choice entirely on your own.
One of the most important — and most misunderstood — rights in Illinois workers' compensation is your right to choose your own doctor. Many employers tell injured workers they must see the company doctor. That's only partially true.
The Illinois "Two-Physician Rule"
Under 820 ILCS 305/8(a), you have the right to make two physician choices during your workers' comp case. Your employer can designate the first choice (their preferred doctor). But you always have the right to a second, completely independent physician choice — including a specialist or surgeon of your choosing.
Why Your Physician Choice Matters
Company doctors are not always objective. They're often paid by or have relationships with the insurance carrier. An independent physician who focuses on treating injured workers — not managing insurer costs — may recommend surgery when the company doctor says to "wait and see."
How to Exercise Your Right
Notify your employer in writing that you are exercising your right to a second physician choice. This triggers your right to treat with any licensed physician in Illinois at the employer's expense.
WIN's Medical Network
WIN Injury Network maintains a network of independent physicians who specialize in treating work injuries. These doctors understand workers' comp law, provide thorough documentation, and are not beholden to insurance carriers.