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Can You Choose Your Own Doctor in a Defense Base Act Claim? What Overseas Contractors Should Know

Can You Choose Your Own Doctor in a Defense Base Act Claim? What Overseas Contractors Should Know

If you were injured while working overseas under a U.S. government contract, the Defense Base Act (DBA) may provide medical treatment and disability benefits through the Longshore and Harbor Workers’ Compensation Act (LHWCA). Medical care plays a central role in every Defense Base Act claim, from diagnosing your injuries to documenting your recovery and determining your ability to return to work. One question many injured contractors ask early in the process is whether they can choose their own doctor. The answer often surprises people. Understanding your rights regarding medical treatment can help you protect both your health and your claim.

The Defense Base Act Gives Injured Workers Important Medical Rights

Many injured workers assume the insurance company gets to decide where they receive treatment. Under the Defense Base Act, that is not generally how the process works.

The DBA allows injured workers to select a treating physician to provide medical care for work-related injuries. This right exists because your treating physician serves an important role throughout your claim. Your doctor diagnoses your injuries, recommends treatment, documents your progress, and determines whether you have work restrictions or permanent impairment.

Choosing a physician you trust can make a meaningful difference throughout your recovery. Your treating doctor becomes the medical professional who follows your condition over time rather than evaluating you during a single appointment.

While you generally have the right to choose your treating physician, there may be exceptions depending on the circumstances surrounding your injury, emergency medical treatment, or disputes that arise during the claims process. Speaking with an attorney early can help you avoid misunderstandings that could delay your care.

Your Treating Physician Does More Than Provide Medical Care

Medical treatment does more than help you recover from your injury. Every office visit creates documentation that may become important evidence in your Defense Base Act claim.

Your physician records your symptoms, diagnoses your condition, orders imaging or testing when appropriate, and recommends future treatment. Your doctor also evaluates how your injury affects your ability to perform your job duties.

For example, a contractor who suffered a back injury may receive restrictions against heavy lifting or prolonged standing. A worker diagnosed with PTSD may need limitations involving stressful environments or extended deployments. These medical opinions often influence disability benefits and return-to-work decisions.

Consistent treatment also helps establish a clear timeline of your recovery. Large gaps in treatment sometimes allow insurance companies to argue that an injury has improved or no longer requires ongoing care.

What If the Insurance Company Questions Your Treatment?

Insurance carriers do not always agree with the recommendations made by a treating physician. They may question whether certain procedures, diagnostic testing, medications, or therapy sessions are medically necessary.

In some cases, the insurance company may request an independent medical examination (IME) to obtain another physician’s opinion. The doctor performing the IME does not become your treating physician. Instead, the examination typically serves as an evaluation for the insurance carrier.

An IME report may differ from your treating physician’s findings. The examining physician may disagree about your diagnosis, your work restrictions, or whether additional treatment is necessary.

These disagreements do not automatically determine the outcome of your claim. Your treating physician’s records, objective medical evidence, and other expert opinions may all play a role in resolving disputes.

Can You Change Doctors During a Defense Base Act Claim?

There are situations where an injured worker may wish to change physicians during treatment. Perhaps communication has broken down, you have relocated, or your medical needs require a different type of specialist.

Changing physicians under the Defense Base Act may be possible, but it should not happen without understanding the applicable rules. Seeking treatment from another physician without following the proper procedures could create unnecessary disputes over payment for medical care.

Before making changes, discuss your situation with your attorney. Legal guidance can help protect your right to continued medical treatment while avoiding delays or disagreements with the insurance carrier.

An Attorney Can Help Protect Your Right to Medical Care

Medical treatment forms the foundation of nearly every Defense Base Act claim. The physician you choose documents your injuries, recommends treatment, evaluates your recovery, and provides opinions that may affect your disability benefits.

If disputes arise over your medical care, legal representation can help protect your interests. An experienced Defense Base Act attorney can address disagreements with the insurance carrier, work with your treating physicians, and pursue the benefits available under the law.

If you were injured while working overseas on a government contract, understanding your rights from the beginning can make a meaningful difference. Receiving appropriate medical care from a physician you trust not only supports your recovery but also strengthens the evidence supporting your Defense Base Act claim.