Team,
This week’s tip is a simple one yet HUGELY important. Always make sure to document when an employee’s declines/refuses treatment under workers’ compensation.
JOHN’S GEORGIA TIP OF THE WEEK: WHAT TO DO IF A CLAIMANT DECLINES MEDICAL TREATMENT UNDER WORKERS COMP!
- DOCUMENT IT TO AVOID ISSUES DOWN THE ROAD*******
- Have the Claimant sign and date a “Declination of Treatment for Workers’ Compensation” form acknowledging stating:
- I reported an at-work injury to my Employer. Additionally, I was advised on my rights under Workers’ Compensation Law, and I was shown a Posted Panel of Physicians. I understand that I can select a physician from the posted Panel of Physicians with whom to treat and that the medical treatment would be paid for by my Employer and its workers’ compensation insurance carrier. However, I elect to decline treatment under the Workers’ Compensation system.
- I understand that if I treat with a doctor of my own choosing, the medical treatment I receive will be considered unauthorized under the Workers’ Compensation system and will not be paid for by my Employer or its insurance company.
- I also understand that, if in the future, I change my mind and decide that I want to file a Workers’ Compensation claim that I will need to inform someone in a supervisory role and treat with a doctor listed on the Posted Panel of Physicians. I also understand that the cost of treatment that I receive prior to treating with a physician on the Posted Panel of Physicians will be my responsibility for payment.
- I have voluntarily and knowingly signed this Declination of Treatment for Workers’ Compensation document without any threat of duress, and no one has forced me or encouraged me to make this decision.
Sincerely,
John Fennelly| Junior Partner