Charlotte, NC asked in Workers' Compensation for South Carolina

Q: What are my options for a 3rd surgery on the same shoulder when dr.said he don't after 2 surgeries

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1 Lawyer Answer
Ilene Stacey King
Ilene Stacey King
  • Workers' Compensation Lawyer
  • Licensed in South Carolina

A: I can only give you a very general answer as more information is needed to give you a specific answer. In general, the workers' comp carrier has to provide treatment that is recommended by the authorized treating physician. No one can force a doctor to do a surgery he/she does not want to do. If the authorized treating physician does not want to do another surgery, you could seek a second opinion with another specialist. You might be able to get the carrier to provide a second opinion, or you might have to get one on your own. If a second opinion doctor thinks you need a third surgery and the workers' comp carrier refuses, you could have a hearing for a workers' comp commissioner to make a decision. Sometimes a third opinion is ordered as a sort of "tie breaker".

I note that you are in North Carolina but your question is for South Carolina. My answer applies only to a South Carolina workers' comp claim. The answer may be different if you actually have a North Carolina case.

If you do not already have an attorney, you should consider having representation. A shoulder injury with 2 surgeries already is pretty serious and the issue regarding a 3rd surgery is probably not one you should try to handle on your own. If you do already have a lawyer, speak with your lawyer about your options. Your lawyer would have the most information on your claim to give you an answer based on your particular situation.

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