I am working light duty in a factory because of a work related injury. I have permanent restrictions that prohibit me from doing repetitive work. I was asked to do janitor work, meaning mopping large areas, scrubbing sinks, and pushing carts full of supplies.
I questioned my boss about the job, suggesting it was violating my restrictions but was told I can do it. I mopped an area and felt immediate soreness in my shoulder. I received treatment and later was told I could not work anymore and had to go on short term disability.
What chances do I have of getting back on workmans comp rather then short term disability? Now they are asking my doctor to modify my restrictions. I also have an attorney who suggests to see what the doctor says.
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ANSWER for "Work Restrictions and Short Term Disability...":
The policy at Internet-Settlement-Guide.com is not to interfere with the attorney-client relationship. To do so would be legally and ethically inappropriate. Your attorney should be able to provide the answers to your questions.
While unable to comment on your attorney’s advice and counsel we can tell you a physician's medical advice is the controlling factor in workmans compensation decisions. If you told your employer you were unable to perform the duties assigned and were placed on short term disability, you'll have to be able to convince your employer to remove you from short-term disability status.
We certainly agree with your attorney. At this point the upcoming decisions will be based on the doctor's medical narrative. Be sure to explain to your doctor exactly what your limitations are. If you are able to convince her to advise your employer to remove you from short-term disability status, there is a chance you can be taken off short-term disability and revert to workmans compensation insurance coverage.
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.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.