The single most leveraged tool the statute gives an injured worker. Use it deliberately, not casually.
Reviewed by Graham W. Syfert, Esq., Florida Bar No. 39104. Last updated .
Section 440.13(2)(f), Florida Statutes, gives an injured worker one change of authorized physician during the life of the claim. The carrier has five days to authorize an alternate. If the carrier misses the deadline, the worker selects.
Florida workers' comp does not let the injured worker pick the treating doctor. The carrier authorizes. That doctor controls the medical narrative: causation, MMI, work restrictions, impairment rating. A defense-friendly authorized physician can make the difference between a paid claim and a denied one.
The one-time change is the worker's chance to swap the carrier's pick for a different one. Once. Make it count.
Send a written request to the carrier. Reference section 440.13(2)(f). Identify the preferred alternate physician.
The carrier has five days to authorize an alternate. The five-day clock is calendar days, not business days. If the carrier authorizes the worker's preferred alternate, the new doctor takes over treatment. If the carrier authorizes a different doctor, the new doctor still takes over treatment, but the worker may have arguments about whether the carrier honored the request.
If the carrier does not act within five days, the worker may select the alternate. That is the leverage point.
Do not send a generic "I want a new doctor" request. Research authorized physicians in the relevant specialty who treat your condition. Identify one. Name them in the request.
Use the change at a moment that matters. Before MMI. Before an impairment rating. Before a critical surgical decision. Not after.
Send by certified mail, email, or a method that creates a verifiable timestamp. Calendar the five-day clock the day you send.
You only get one. If the carrier-authorized alternate turns out to be just as defense-friendly as the original, you have no second swap. Research the alternate before the request goes out.
Carriers sometimes try to authorize a different doctor than the one named in the request. Push back: the statute requires the carrier to act on the worker's request, not to substitute the carrier's preferred alternate. The argument is fact-specific and depends on the request language.
Carriers sometimes claim the five-day clock runs in business days. It does not.
Carriers sometimes argue the change is "untimely" if made late in the claim. The statute does not impose a deadline; the change is available throughout the life of the claim.
The one-time change is fact-specific. Call for a strategic read before sending the request.
Call: 904-383-7448