Visitor Question

Workers Comp Problems…

Submitted By: Richard (Memphis,TN)

I’m having workers comp problems with the doctor sending me back to work too soon. I was released by the MD to return to work, but I told him I wasn’t stable enough to come back to work yet.

So upon returning back I fell for the second time on the job. I am so tired of trying to prove myself to doctors and my employers! What can I do if they keep sending me back to work when I know I’m not yet recovered? Thanks.

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 Richard,

Richard:

It appears you are being pulled from both sides. You do have the right to seek another medical opinion. Because you are dissatisfied with the employer’s choice of a physician – referred to as the Primary Treating Physician – you can approach your employer and advise him of your discontent. The employer then must provide to you a list of 4 additional physicians.

They cannot send you back to work if you believe you are not able to perform the functions of your employment. Because you have an “Open Claim” you will not lose any of your rights under the Workers Compensation regulations.

Do not settle until you are ready to do so. If problems continue it might be in your best interest to speak with an attorney.

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: April 9, 2011

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