Visitor Question

Sent Back to Work with a Fractured Arm…

Submitted By: Anonymous (USA)

I went to work Friday where I fell and hurt my arm.

I filed an incident report and went back to work, but after I got home my arm started to hurt worse.

I went to the hospital Saturday morning and they wouldn’t let me get an x-ray without papers from work, so I went home until Monday when my workplace opened.

I finally got to the hospital for x-rays Monday and discovered I had a fracture. But they sent me back to work anyway. I feel that none of this was legal. Am I wrong?

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 Anonymous,

What happened wasn’t illegal. Illegal implies a crime of some sort was committed. Although your employer’s actions on their face seem inappropriate, they weren’t calculated to purposely inflict harm upon you.

You are entitled to have your medical bills fully compensated. Presuming you have workmans compensation insurance, the next step would be to contact the company’s insurance representative and file a claim.

Once your claim ihas been filed you will be in a position to receive the

medical care you need.

If the doctors on the workmans compensation insurance list tell you to stay home from work you should also be partially compensated for your lost wages.

The facts you present say “they” sent you back to work.

Normally doctors at hospitals don’t send people back to work. If your arm was fractured it was probably casted. Hospital doctors do not tell patients to go back to work. That just doesn’t happen.

If you saw one of the doctors on your employer’s workmans compensation workmans compensation list that might be a different story. Those doctors can suggest to you to go back to work, but even they can’t order you to go back to work.

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: November 22, 2011

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