Illinois workers' compensation laws- They can't make you have surgery
A reader asks:
I suffered a severe injury at work a few years ago and have been getting TTD benefits since then. I can either have surgery or conservative care. I chose not to have surgery and reached MMI and can not return to my previous labor job. The insurance company says I am not eligible for wage differential or vocational rehabilitation benefits telling me that if I had the surgery I wouldn't have had any permanent restrictions and could have returned to my old job. Are they telling the truth?
They are not telling the truth. Under Illinois workers' compensation laws you have to follow all reasonable medical care, except that you can't be forced to have surgery. So if you refuse physical therapy your benefits can be cut off, but no one can make you get cut open.
Choosing to have surgery or not is a personal choice that should be made between you, your loved ones and your doctor. From our end, we insure that you get whatever rights you are entitled to under the law. You lose no rights, including wage loss or vocational rehabilitation, by not having a surgery.
This reader simply needs to hire an attorney and file a trial motion. A Judge will surely order that vocational rehabilitation take place and I suspect that once a proper attorney is in place the tough talking insurance company will back down.
We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
