Getting injured at work can be frightening enough of an experience for you. What if the doctor tells you that you need to have surgery to treat the injury?
You don’t trust this doctor’s judgment and do not want to go through with the surgery. Do you have the choice to refuse that treatment?
What happens to your workers’ comp benefits if you decide to not go through the treatment? The thought of losing those benefits while you are out of work fills you with horror.
You have bills to pay and a family to feed – you can’t lose that money. It’s already cut in half from the money you’d be making at work anyway.
You decide to do some much-needed research into answers. You want to know what would happen if you didn’t go through with surgery. Let’s delve into that answer for you.
“Workers’ Comp Rule”
Regulations state that all companies in NC who have more than 3 employees must have workers’ comp. It is even required for independent contractors hired by a company in NC.
Sole proprietors, members of LLCs, and partners aren’t counted as employees. This includes any type of freelancer or consultant who’s paid for their services.
The executives of the company may exclude themselves from coverage. They are still counted toward the number of employees a company has, though.
If your company has at least one person who works around radiation, they must have workers’ comp. That person’s work is very dangerous and could harm them on a permanent basis.
“Benefits Cut or Suspension”
If you decide not to have surgery while under workers’ comp, your benefits might get cut or suspended. If you file for workers’ comp and refuse treatment, you need to sign paperwork saying as much.
Make sure to check with your workers’ comp carrier about your payments if you refuse payment. Ask the person you speak to about whether they cut your benefits or suspend them altogether.
You should also check with a lawyer about the paperwork needed to refuse the surgery. A lawyer should be available for legal counsel at all points of this process.
“Drafting the Refusal of Treatment”
You should have a lawyer draft a letter, saying that you refuse to have the surgery. This letter needs to follow NC requirements and should be available when needed.
Speak also with your supervisor about the importance of reporting all workplace injuries. You need to report the injury to the supervisor, whether you decide to get treatment for it or not.
Talk with a lawyer as well about how your rights when it comes to refusing the treatment. You might be losing benefits in the end but you do not have to take the treatment the doctor offers you.
Greenville, NC Workers’ Compensation Lawyer
I’m Brian Ricci, a workers’ compensation lawyer in Greenville, NC. If you or a loved one has sustained an injury at work, please call me at please call me at (252) 777-2222 or
I am a longtime member of the Million Dollar Advocates Forum.
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