Employees who get hurt on the job or develop repetitive strain injuries after years of physical labor may be eligible for workers’ compensation benefits. In Ohio, injured workers may be eligible for both medical and disability benefits.
The medical benefits pay for their necessary care, while the disability benefits replace or supplement their wages. Workers’ compensation is a form of no-fault protection for workers, which means that proving who is responsible for the injury is not necessary to secure benefits. However, avoiding post-injury errors is critical for the retention of benefits.
Workers generally need to adhere to all medical recommendations, including complying with a physician’s treatment plan. In some cases, a doctor overseeing an injured worker’s care may determine that surgery is the most effective solution. Workers may feel anxious about going under anesthesia or the recovery timeline after an operation.
Must a worker undergo surgery to retain their eligibility for ongoing workers’ compensation benefits?
Workers can request a second opinion
When there are disputes about a worker’s treatment or other details of their workers’ compensation claim, the injured employee has legal rights. Those rights include the right to seek a second opinion.
Provided that the doctor offering the second opinion also participates with the workers’ compensation program, that second evaluation and treatment plan may not generate any direct costs for the worker. If the doctor offering the second opinion determines that surgery is not strictly necessary for the worker’s recovery, the employee can request an adjustment of the existing treatment plan to allow them to avoid an unnecessary surgery.
If there is a dispute still despite the second opinion, then the worker might need to initiate a formal appeals process with the state. Whenever a worker’s compensation claim becomes complicated, employees who require medical treatment and who may not be able to work likely need legal guidance.
Discussing a proposed treatment plan and other details about one’s claim with a workers’ compensation attorney can help employees avoid the premature termination of their benefits, avoid unnecessarily disruptive medical care and optimize their chances for a maximum recovery. When there is a dispute about the need for surgery, workers may need to assert themselves and pursue a second opinion promptly.