Most workers in Oklahoma are entitled to workers’ compensation benefits for their work-related injuries. But, this does not mean that every injured worker in this state actually receives the benefits they are entitled to by law. Some injured workers become ineligible for benefits after failing to follow certain rules, such as repeatedly missing doctors’ appointments. Is refusing to undergo an examination one of these rules? Here’s what you need to know:
Medical Examinations During the Workers’ Compensation Claims Process
During the workers’ compensation claims process, an employer or the Workers’ Compensation Commission may ask the injured worker to undergo a medical examination. This request is made in cases where there is a dispute between the injured worker and employer or employer’s insurance company. For example, if the employer’s insurance company does not believe the injured worker is telling the truth about the severity of his injuries, they may request a medical examination.
An exam can also be requested if the employer or insurance company believes the injured worker is receiving unnecessary medical treatments. In this case, the medical examination is used to determine whether there are more appropriate treatments for the injured worker’s condition.
Can You Refuse to Undergo A Medical Examination?
If you are asked to undergo a medical examination, it’s in your best interests to do so. According to OK Stat § 85A-53, injured workers must submit to medical examinations when they are requested from time to time. If an injured worker refuses to submit to an examination, the claims process is put on hold until the examination has taken place. Furthermore, the injured worker is not entitled to compensation for the period of time that he refused to undergo an examination.
The injured worker has one month from the date of the Commission’s judgment to undergo a medical examination. If the examination is not completed within one month, the worker is no longer eligible for workers’ compensation benefits for his injuries.
It’s important for injured workers to understand these consequences. If you refuse to undergo a medical examination, you must be prepared to lose your benefits as a result of this decision.
Have you been injured at work? If so, seek legal representation from Armstrong & Vaught, P.L.C. at once. Our experienced attorneys will help you avoid major mistakes that could cost you the benefits you deserve. Call us now at 918-582-2500, toll free at (800) 722-8880, or contact us online for a free consultation with a skilled attorney.