Can an employer prevent a worker from seeking medical treatment?

by Kathy

I have a coworker who fell at work and my general manager told her she could not go to the emergency room because it would be too expensive. I feel like this is wrong.

Can an employer legally tell an employee they cannot seek emergency treatment? Should she have been able to go to the emergency room? If so, what should she have done, and what can she do about it now? Thank you.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Can an employer prevent a worker from seeking medical treatment?":

Kathy (Wisconsin):

An employer can never prohibit an employee from seeking medical care. When your coworker’s employer told her not to go to the emergency room, your coworker should have ignored the employer and gone directly to the hospital.

This is not a third world country where employers are able to deny their employees the right to seek medical care. If your coworker wasn’t well enough to drive to the emergency room, another coworker should have driven her. If the other coworkers weren’t so disposed, then you or your coworkers could have called 911 and summoned the paramedics.

This all presumes the coworker’s injuries were serious enough to merit emergency treatment. Without knowing the type of injuries she sustained, it’s impossible to know whether immediate emergency room medical care was required. In any event, one’s health is more important than anything else. Hopefully your coworker’s injuries aren't serious.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Click here to post comments

Return to Employer Liability Questions

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review: