Refusing Thumb Surgery Recommendation by Workers Comp Doctors...

by Mark

I injured my thumb at work. The doctors are recommending a fusion of one of the joints of my thumb, but I don't want to do the surgery. Do I have a choice? What happens to my workers compensation benefits if I choose not to have the surgery?

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 "Refusing Thumb Surgery Recommendation by Workers Comp Doctors...":


Different states have different regulations regarding Workmans Compensation. You are not obligated to have any surgery. Your Workmans Compensation benefits will not be paid in cash or check to you. The benefits are strictly to cover the cost of medical bills, therapy, and lost wages. In some cases they may cover your out of pocket expenses as well.

It is important for you to know if you do not have the fusion now and your condition later worsens you may have trouble being compensated for the additional costs required for the surgery.

Further, if you do not have the surgery and then claim you are unable to perform the functions of your job as a result of the injury you may encounter problems with your employer.

You might consider a second opinion. Your employer is normally bound by the Workmans Compensation regulations which state your employer must afford you access to another physician on a list she is bound to maintain. That consultation should be covered by your Workmans Compensation insurance.

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

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