Legal Question in Workers Comp in Pennsylvania
is a second surgery legally necessary
I was hurt at work in a county nursing home on a resident who was falling to the floor i held on to her and tore both my shoulders. I've been on workers comp for 16 months and can't lift my left shoulder only to midway. and my right shouldr is still torn and getting worse. my comp lawyer says that if i don't agree to a second operation I will lose my case. Yet after the first operation I had a alergic reaction to the anestia and almost died.It's all documented. How can i waive this and still win case
1 Answer from Attorneys
Re: is a second surgery legally necessary
It's a complicated issue having to do with the risks vs the benefits. If the risk is very low & the expected benefit very good you are required to submit to the surgery or risk losing your WC benefits. If the risk is high & the expected benefit low you would not be required to submit. Many cases are somewhere in the middle. You should speak with your doctor & obtain his/her opinion. Also find out why your lawyer is giving you that advice-what written reports does your lawyer have which indicate the risk & benefits. Good luck!
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