Legal Question in Workers Comp in North Carolina

Must I have surgery ?

I was injured on my job in Oct.2002 and was seen by Dr. immediately. In Dec.2002 I was no longer employeed there. Am still under Dr. care for nerve damage in elbow. Was told the next step would be surgery to get relief, success being in the mid to upper 90 percent.I do not want to be cut on. If I refuse will I lose any possible benifits ?


Asked on 5/19/03, 2:18 pm

1 Answer from Attorneys
MIchael Lewis Lewis & Daggett, Attorneys at Law

Re: Must I have surgery ?

Refusing surgery recommended by treating physician is a medical option because patient obviously has ultimate control over medical decisions. Normally I advise employees to make that decision with the help of the treating physician. HOWEVER, that said, employees must realize that refusing surgery may have substantial impact on the ability to obtain future compensation of any type under workers' compensation if the surgery would have lessened the period of total disability or lessened the extent of permanent disability. Hope that answers the question posed here.

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Answered on 5/19/03, 5:43 pm


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