Refusing medical treatment after a workplace injury could jeopardize your eligibility for worker’s compensation benefits. Wisconsin’s worker’s compensation law states that if an injured worker “unreasonably refuses” medical treatment, entitlement to wage loss benefits can be suspended.
“Unreasonable refusal” of medical treatment can encompass many things, but generally speaking, if you do not have a compelling personal or medical reason to refuse treatment recommended by your doctors, it may be considered an unreasonable refusal. Dislike of doctors, ideological opposition to conventional medical treatment, or personal inconvenience can all be considered “unreasonable refusal.” While we are not medical doctors and you should always defer to your medical providers for advice, Kingree Law Firm strongly encourages you to think twice before you refuse medical treatment for a work injury.
After a workplace injury, your health and recovery should be your primary concern. We understand that your job is your livelihood and how you provide for yourself and your family. But if you refuse medical treatment and your medical condition worsens, you could find yourself experiencing worse symptoms or a worse outcome than if you had undergone treatment recommended by your doctors. If you refused medical treatment immediately after your injury, obtaining worker’s compensation benefits in the future will be more difficult.
You should always seek medical treatment from healthcare professionals immediately following a work injury. In addition to ensuring your health and recovery, seeking medical treatment after a work injury can protect your right to recover compensation, even if the injury seems minor or insignificant.
It is reasonable under Wisconsin’s worker’s compensation law to refuse surgery or invasive treatment even if your doctors recommend it. In other words, the law does not compel you to have surgery or injections. However, although the law does not treat refusal of surgery or invasive treatment as unreasonable, refusal of such recommended invasive treatment can make the worker’s compensation carrier or an administrative law judge skeptical about the seriousness and permanent effects of the work injury.
If you refuse reasonable medical treatment that your doctor recommends after a workplace injury, you risk having your worker’s compensation benefits denied. Wage loss benefits may be denied, but moreover, you run the risk that the worker’s compensation carrier or an administrative law judge will not view your injury as serious.
Even if your injuries seem minor, you should still seek medical treatment after a workplace injury. If you ignore the injury and your medical condition worsens, you could experience difficulty seeking worker’s compensation benefits in the future, particularly if you never reported the injury in the first place.
When your doctor recommends treatment for your workplace injury you do not wish to receive, the best course of action is to tell them you would like to think about it before you agree to the procedure. You do not need to immediately agree to anything you feel uncertain about. Telling your doctor you want time to think about it will allow you to consider the treatment and the potential effects of refusing treatment.
Your employer cannot force you to undergo medical treatment. However, if you refuse reasonable medical treatment, your employer or the worker’s compensation carrier could use your refusal to try to deny or terminate your worker’s compensation benefits. If you refuse medical treatment, your employer could claim you have recovered or that by refusing to seek medical treatment you are not trying to get better.
It is also worth noting that when a medical provider prescribes a course of treatment, you should do your best to comply with the doctor’s recommendations. For example, if your doctor recommends physical therapy, you must attend the therapy sessions to continue receiving worker’s compensation benefits.
Worker’s compensation benefits are intended to help injured workers return to the workforce. If you do not do your part and refuse medical help for a workplace injury, the insurance company may assume you have fully recovered and can deny or terminate your benefits.
Getting medical treatment after a workplace injury is an important part of entitlement to worker’s compensation benefits. If you refuse medical treatment for a work injury, you risk having your claim denied or your benefits terminated.
Kingree Law Firm is available to answer questions about your workplace injury and your claim for worker’s compensation benefits. Contact us today to schedule a free consultation to discuss your situation and how we can help. We have offices in Madison and Eau Claire and are proud to represent injured workers throughout Wisconsin.
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