Illinois work comp: You Can't Be Forced to Have Surgery
In most instances, if you want to receive workers’ compensation benefits for your injury at work, you need to follow doctors’ orders. You can’t disregard the medical opinions and still expect your employer to pay. But when it comes to having surgery, the choice is still yours to exercise. In Illinois workers’ compensation cases, you don’t have to subject yourself to surgery just to receive your benefits.
A caller was facing this issue and asked what his rights were. He had gone through one surgery already, and it did not go well, so he didn’t want to risk a second surgery. The insurance company was giving him pressure to have the surgery. For the insurer, it seems like a bottom-line issue. If you have the surgery, you could likely get better and get back to your job. It could save money in future benefits.
But for the worker facing the decision, it’s more complex. Surgery involves risk, pain, recovery, and an invasion to your body. You don’t want the insurance company dictating that you have to have surgery; even if it saves them money. And fortunately, in Illinois, you can refuse the surgery, as long as your decision was reasonable and not made in bad faith.
In deciding whether your choice to refuse surgery is reasonable, it doesn’t matter if it could make your condition worse, or cost more money down the road if you don’t have the procedure. It is reasonable to refuse surgery even if you are avoiding it out of fear: fear of the consequences; fear of the pain; or any other legitimate fear. Our Illinois courts have pointed out that the workers’ compensation system is there to support workers with varied beliefs and fears. As long as the decision not to have surgery was based on a personal belief, reason, fear, or other good faith justification, you shouldn’t lose your benefits for exercising your freedom of choice.
For the caller facing this dilemma, the fact that he had experienced one bad surgery already, made it perfectly reasonable to choose not to try it again. Even though surgeons can give their opinion that a surgery would likely produce a successful outcome, there are no guarantees.
As long as there isn’t any indication you are making your surgery choice out of bad faith, but instead it is based on reasonable personal choice, your decision should be supported by the workers’ compensation system. If you have questions about this, just give us a call at (312) 346-5578.
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.
