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What does workers’ comp law say about pharmacy choice?

| Jul 14, 2020 | Workers' Compensation |

Sustaining an injury on the job can require a number of treatments like hospital stays, therapy sessions at health care facilities, and at-home recuperation. Even if you get back on your feet, you may need to take medication for the foreseeable future. Your medication may take the form of prescription medication, and you might have a preference for which pharmacy fills your prescription.

You may trust a specific pharmacy above others in your area, or you might choose a pharmacy based on convenience. You also probably do not want your employer to have a say in which pharmacy you go to. Fortunately, Florida workers’ compensation law addresses your rights to acquire medicine from a pharmacy.

You have the right to choose

State law is clear that if you sustain an injury or contract an illness on the job, you retain the right to seek whatever pharmacy you want to go to. You may also choose the pharmacist who will fill your prescriptions. Your choice also extends to switching pharmacies. If you have a problem with one pharmacy, you may pick another to handle your prescriptions.

What employers cannot do

Florida law places limits on what employers can do as it pertains to your pharmacy choice. In addition to having no say in which pharmacy you go to, your employer cannot impose conditions on your medical coverage depending on what pharmacy you go to. In another words, your employer cannot require you to go to a particular pharmacy in order to receive workers’ comp coverage.

These prohibitions extend to other parties associated with the employer. An insurance carrier, a representative acting on behalf of the employer, or an agent representing the employer may not restrict your pharmacy choice or do anything to interfere with your choice of a pharmacy or pharmacist. An employer who tries to get around the law by using an intermediary may invite legal consequences for interfering with your rights.