Visitor Question

Tore bicep lifting at work…

Submitted By: Anonymous (North Dakota, USA)

I tore my bicep tendon at work while lifting. The doctor sent me to a specialist after an MRI saying it was a total tear. The specialist said it wasn’t a total tear so I was treated for partial tear for two months.

Another specialist started seeing me at that point wanting more MRI’s. I asked why. She said it was in fact a total tear and the other doctor was wrong. That doctor is gone now, but they won’t do surgery because of my age and since I’m not a body builder they say I don’t need all of my strength.

I am in the oil field and lift heavy hoses and pipes, and I was told at work that if I’m not 100% they won’t let me on the well site. I was told by the doctors I’ll loose 10 – 20% of my strength.

I finally got permission to get a second opinion and they said I need to come in the first two weeks to have it repaired. It’s already been 7 months. They will still see me but my prospects don’t sound too good to me. Is there anything I can do here? Can I sue for all this run around? Is my job responsible for letting me on the job site? Do they have to give me another job? I’m just wondering about all this.

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,

Your employer probably doesn’t have any legal duty to give you another job. Unless you signed an employment agreement, or there is an employee manual affording injured employees to be able to retain their same wage rate even if the employee is unable to perform the assigned job duties, you don’t have a claim against your employer.

Because of workers compensation laws your legal options are limited. You have no apparent legal claim against your employer. In the alternative, if you are able to prove one or more of your treating doctors committed medical malpractice you may have the basis for a medical malpractice claim.

Your best decision would be to gather copies of your medical records and seek the advice and counsel of several attorneys with substantial experience in medical malpractice law.

Research malpractice attorneys in your area. Most will not charge for an initial office consultation. Bring copies of your medical records. After visiting with several you will know if you have a legitimate medical malpractice claim.

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: October 20, 2013

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