Unable to Get a Second Medical Opinion...

by Angela
(Salem, Oregon)

I was at work and went outside to go on my break. I got a few feet from the door when I slipped and fell on a patch of ice. I instantly reported my fall and had a witnesses there for support. My employer asked me if I was hurt bad enough to need to file a claim and I said yes. I was then was told that they would take me to see their doctor, not once telling me I had any other options.

I saw their doctor and he of course said I was fine and the best physical therapy I could get would be to go back to work. So of course I did, not wanting to loose my job. In the mean time I've asked if I could have a second medical opinion but I'm being given the run around. I'm missing work because I can't get out of bed in the morning.

I finally got the number to the workmans compensation rep and they told me they closed my case because I wasn't being seen. Not once did I ever receive any paperwork from anyone. I told them I hadn't received anything and they became rude and said they would resend the list of other doctors I can see. My work is ready to fire me because I have missed so much work due to my fall and injuries.

I'd like to know if they have to reimburse me for work time lost? Can my company fire me for missing work due to my injury and if so can I sue them for wrongful termination? Thank you.

Visitor Question:
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ANSWER for "Unable to Get a Second Medical Opinion...":

Angela (Salem, Oregon)

Yes. Your former employer can terminate your employment for missing work. You seem to talk a lot about the errors you feel the insurance company and your employer committed. But nowhere does there seem to be any mention of the type of your injury. Rudeness of an employer or its insurance company is not grounds for any type of legal action.

When you fell what type of injury did you suffer? You said you went to the company's doctor but you didn't know you had a right to a second opinion or apparently to see your own doctor.

If you believe you were injured and thought the company doctor was not telling the truth you should have used your own judgment and seen your own doctor. A doctor's visit isn't that expensive and it would have been worth your while to do so.

It is difficult to understand why you didn't think to get your own second medical opinion. It sure would have helped. We can't give any further information with out more knowledge of your injury. It may be worth your while to meet with a workers compensation attorney, most won't charge for an initial consultation.

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

Best of luck,

Judge Calisi

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