Visitor Question

Can’t work after workmans comp injury…

Submitted By: Brett (Nashville, TN)

I was unloading a truck at work and felt a pain in my elbow. It soon radiated to my hand with numbness and tingling which then radiated to my shoulder and neck.

I went from being able to lift 10 pounds to 2 pounds at desk level using my right arm 5 times per hour. The company did not have any work for me to do within that restriction but said that I could use my left arm. I am right handed.

I went to the company’s workers compensation specialist doctor who sent me back to work full duty, no restriction, even after informing him of the pain. Now I can barely put a shirt on and do everyday activities. What can I do?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Brett,

With workers compensation cases, you can always request a different doctor through the QME (qualified medical examination) or IME (independent medical examination) process. Perhaps the doctor who evaluated you was simply incorrect and a new assessment would be more accurate.

You must also advise your insurance adjuster and employer of this information. Your employer should create a modified duty for you. Firing you as a result of your work related disability or ignoring the same will expose your employer to extreme liability such as punitive damages.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 3, 2011

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Visitor Questions

2 thoughts on “Can’t work after workmans comp injury…

  1. While unloading trailer at work alone, I felt pain in my neck, both arms and shoulder. I had disc in neck pinch nerves, ended up doing surgery, and I can not do the same work as a tractor trailer driver. Now I can never can pass the DOT physical due to limited left arm movement.

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