Powell & Denny, P.C.
We Work When You Can’t
Practice Areas

Huntsville Workers Comp Lawyer Can I Refuse Medical Treatment

Huntsville Workers Comp Lawyer Can I Refuse Medical Treatment

Huntsville Workers Comp Lawyer Can I Refuse Medical Treatment: There is a good bit of information on the web about what to do if the workers compensation insurance carrier refuses to authorize the medical treatment your treating physician says you need (we have written our fair share), but what about the situation where the doctor says you need a form of treatment which you do not wish to undergo?

It depends on (i) what the procedure is and (ii) the reason for your refusal. First, it you object to certain forms of medical treatment on religious grounds, no one can-or should-try to force you to do something against a tenet of your faith. If you have objections on other reasons, the law states that you may object to undergoing treatment if your objection is "reasonable." Of course, what is reasonable is in the eye of the beholder, but since workers compensation is based on a set of laws, the trial judge will be the person who determines if your objection is reasonable. If you are scared of pain-that will most likely not be a sufficient reason, but there are probably some instances where, due to a mental condition, this may suffice.

If the surgery is experimental, you do not have to undergo the surgery. Suffering a job injury does not make you a guinea pig. If the chances that the surgery would likely cause other serious medical problems, you would be within your rights to refuse treatment. If there is no reasonably assurance that the procedure would correct your problem, you would not have to proceed. In cases such as where back surgery has been recommended, there is enough medical and anecdotal evidence to support a decision not to have surgery. If you have a torn meniscus, you would not be justified in refusing treatment.

If you refusal of treatment is found to be reasonable, then your case will proceed as though you had reached maximum medical improvement (mmi) after any other conservative treatment is exhausted. If your refusal is found to be unreasonable, then you right to benefits could be stopped until you relent.

If you work in Huntsville, Alabama (or anywhere in the Madison County area*), you have suffered a job injury and you have questions about your rights under the Alabama Workers Compensation laws, don't hesitate to contact the experienced Huntsville Workers Comp Lawyers at POWELL AND DENNY. We will work hard to help you achieve the best result possible in your case.

Powell and Denny: We Work When You Can't

Offices in Huntsville, Alabama and Birmingham, AL

* includes Ardmore, Elkmont, Harvest, Toney, Normal, Capshaw, Athens, Tanner, Harris, Madison, Trinity, Hillsboro, Decatur, Priceville, Hartselle, Somerville, Valhermoso Springs, Laceys Springs, Chase, Maysville, Brownsboro, Garth, Trenton, Hollytree, New Market, Roseboro, Owens Cross Roads, New Hope, Woodville, Grant, Morgan City, Pine Dale, Holland Gin, Triana, Belle Mina, Mooresville, Meridianville, Hazel Green and everywhere in between.

Huntsville Workers Comp Lawyer Can I Refuse Medical Treatment

No Comments

Leave a comment
Comment Information

We Wrote the Book

My Alabama
Disability Claim by William Powell & Gregory Denny

Get Your Free Copy

Schedule a Confidential Evaluation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Birmingham Office 1320 Alford Avenue Suite 201 Birmingham, AL 35226-3159 Toll Free: 800-227-0882 Phone: 205-978-2051 Fax: 205-978-2054 Map & Directions

Birmingham Office

Huntsville Office 600 Boulevard South SW Suite 104 Huntsville, AL 35802 Toll Free: 800-227-0882 Phone: 256-705-3510 Fax: 205-978-2054 Map & Directions

Huntsville Office