Michigan workers’ comp lawyer explains the consequences for not following medical advice and refusing surgery.
Employees who are hurt on-the-job have many legal rights in Michigan. It does not matter how they got hurt, just that it arose in the course and scope of employment. They are entitled to payment of lost wages, medical treatment, and vocational rehabilitation. Understanding these legal rights is the key to getting a fair workers’ comp settlement. One frequent question involves compliance with medical treatment. Specifically, can my Michigan employer force me to have surgery? The answer is generally ‘no,’ but there is one big exception that everyone should know about.
While your Michigan employer can’t force you to have surgery, some of our clients refuse it even when recommended by their doctor. This is understandable considering the inherent risks of any surgical procedure. It is common for patients to be given a document that outlines all potential risks including death. There are also no guarantees of success. It is not surprising why people are asking us: Can my employer force me to have surgery?
Employers and insurance companies will use a decision to refuse surgery as justification to dispute workers’ comp benefits. Weekly disability payments are stopped. The idea is that an employee is prolonging their disability for no good reason. It is despicable act by insurance companies when good cause exists for refusing surgery.
Michigan law is controversial when it comes to refusing a surgical procedure. Treatment options that are reasonably likely to cure a disability cannot just be ignored. However, if the surgery is dangerous or invasive then good cause may exist to refuse. The proposed surgery must also offer a reasonable chance to be successful.
Can my Michigan employer force me to have surgery?
Your Michigan employer can’t force you to have surgery. Employees always have the right to say no to any surgical procedure, but it could impact entitlement to wage loss benefits. You might find your weekly wage loss checks stop if you refuse surgery.
Though your employer can’t force you to have surgery it is important to note that most situations will need to be evaluated on a case by case basis. An example where an insurance company can stop benefits is when someone has carpal tunnel syndrome. This type of surgical procedure is low-risk, and it is likely to be successful. A spinal surgery is a much different story and refusal should not be used to stop benefits.
If a workers’ comp claim is disputed based upon refusal to a surgical procedure, then the burden falls on the employee to file an Application for Mediation or Hearing. It will be up to a magistrate to decide if good cause exists to refuse surgical procedure and whether additional workers’ comp benefits should be paid.
Employees who find their workers’ comp benefits disputed should investigate whether their claim can be settled. This is when workers’ comp benefits are traded for a lump sum payment. Insurance companies will often include the value of any surgical procedure in the settlement. This allows a person to refuse the procedure now but still have the means to pay for it in the future.
Is your Michigan employer trying to force you to have surgery and you have questions about your workers’ comp claim? Call our attorneys now for a free consultation!
If your Michigan employer is trying to force you to have surgery and you have questions about your workers’ comp claim, call now (855) 221-2667 or fill out our contact form for a free consultation with an experienced workers’ comp lawyer. There is absolutely no cost or obligation. We’re here for you.
For more than 40 years, our lawyers have been helping people like you who have suffered from on the job injuries in Michigan. We understand the physical, emotional, and psychological hardships you are experiencing from your accident. We also have the skill, experience, and know-how to protect you and get you the best possible payout amount for your case.
To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Remember, every claim is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 40 years. Call (855) 221-2667 for a free consultation today.
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