Sometimes, our workers compensation clients ask us if they have to have the surgery recommended by their treating doctor. The answer is “No”.
Luckily, no one can force you to have surgery. All surgeries (and many other forms of medical treatment) have risks.
If you have ever had surgery, you are probably aware of this. The doctor performing the surgery probably discussed the risks with you before surgery. You almost certainly signed an informed consent forms that acknowledged that you were aware of these risks. Because you are the one acknowledging and taking the risks, it is only fair that you get to make the decision about whether you undergo the surgery.
Do I have to have medical treatment?
It is not only surgery that can concern injured workers. Many people are concerned about medications, injections or other forms of medical treatment. Some people are concerned about allergic reactions to medications or injections. Other people are afraid of large needles.
What should I do if I have concerns about medical treatment?
The decision about a particular type of medical treatment is best made by consulting with your doctor and getting all the information you can. Be sure and ask the questions that you have.
It may be helpful to write down your questions. This can help make sure you get answers to all of them.
Can my benefits be stopped if I do not have medical treatment?
Sometimes, insurance companies tell injured workers that their benefits are going to be stopped if they do not have surgery or some other treatment recommended by the doctor. They sometimes claim that you are failing to cooperate with medical treatment.
There are almost always steps that can be taken to prevent your benefits from being stopped. What should be done will depend on the specific facts of your case.
If an insurance company is threatening to stop your benefits for failing to cooperate with medical treatment, you should speak to an attorney who specializes in workers compensation cases.