Search Site

Alabama Workers Compensation Questions: (11) I want a second opinion about whether I need surgery:

Alabama Workers Compensation Questions: (11) I want a second opinion about whether I need surgery:

If you work in Alabama and have suffered a job injury, you are most likely entitled to benefits under Alabama’s Workers’ Comp law. Part of your rights under our Worker’ Compensation Law includes your right to medical treatment.

As we discussed in a previous blog, if you become dis-satisfied with the treatment you are receiving from the authorized treating physician, you have a right to request a new treating physician by requesting a Panel of Four. Typically, you only have one chance to request a Panel of Four; however, in the circumstance where surgery has been recommended, you have the right to request a surgical Panel of Four-even if you have already requested a panel. This is because whether to have surgery or not is a major decision, and it is reasonable to desire a second opinion when surgery has been recommended. With this in mind, in cases where surgery has been recommended, your employer’s workers’ compensation insurance carrier also has a right to request you to see another physician chosen by them so they can inquire if surgery is reasonable and necessary.

Whether to have surgery or not is your decision, not the doctor’s and not the workers comp insurance carriers. As long as your decision against having surgery is reasonable (eg. no reasonable assurance that you will benefit or it the surgery carries serious dangers for you). If the physician workers compensation sends you to for a second opinion states your condition does not warrant surgery, but your authorized treating physician states it is reasonable and necessary, workers’ compensation will most likely deny coverage, but the court traditionally sides with the opinion of the physician who has a history of treating you for your condition.

If surgery has been suggested and you have questions about your rights under the Alabama Workers Compensation Law, the experienced Alabama Workers Comp lawyers at Powell and Denny would be happy to talk to you about your case free of charge.

Powell and Denny: We Work When You Can’t

Offices in Birmingham, AL and Huntsville, Alabama

Powell and Denny have been selected as one of the Best Law Firms by U.S. News and World Report for each of the last 5 years, have been selected as one of Birmingham’s Top Lawyers by B-Metro Magazine for the last 3 years, have been selected by The National Advocates as one of the Top 20 Workers’ Compensation Firms (plaintiffs) and Powell and Denny, P.C.-has been selected as one of the “Best of the Best” law firms by The American Registry.


Alabama Workers’ Compensation Attorneys

Birmingham Workers Compensation Lawyers

Huntsville Workers’ Compensation Attorneys

Contact us

Please fill out the form below and one of our attorneys will contact you.

Quick Contact Form

Our Office
  • Birmingham Office
    1320 Alford Avenue
    Suite 201
    Birmingham, Alabama 35226
    Phone: 205-978-2051
    Fax: 205-978-2054
  • Huntsville Office
    600 Boulevard South
    SW Suite 104
    Huntsville, Alabama 35802
    Phone: 256-705-3510
    Fax: 256-705-3513

We Wrote the Book

My Alabama Disability Claim
by William Powell & Gregory Denny
Click Here to Get Your Free Copy