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Treatment Waiver Illinois

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  • Treatment Waiver Illinois

    I need to draft a "Waiver of Treatment" to be signed if/when a worker refuses treatment for a work-related injury. Although it is rare, it has happened a couple of times...the company thinks an injury should be seen by a doctor, but the employee refuses.

    The purpose of the form would be to document that the company did not discourage the worker from getting treatment and was not negligent in any way. Are we being paranoid?

    I already asked our WC carrier if they had such a form. Thanks in advance for any assistance you can provide.

  • #2
    a bit of info for a neighbor

    http://www.iwcc.il.gov/forms.htm#CM http://www.iwcc.il.gov/ http://www.comp.state.nc.us/ncic/pages/formset.htm

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    • #3
      I won't say you are paranoid but I think you are overthinking this situation. If I have a case like this I just ask the supervisor to document that they made the offer for the employee to go seek treatment and the employee declined. Occasionally I have needed the supervisor to testify at a hearing, but this is very rare. This has always been more than sufficient in my experience.

      If you are concerned, I'd suggest discussing the situation with your WC carrier and their legal counsel. Chances are that if something more is necessary to defend a claim in your jurisdiction, the carrier or their counsel will already have a remedy they can share.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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