Visitor Question

Company doctor not taking me off work so I can heal?

Submitted By: Wanda (Cullman, Alabama)

I work in an industrial warehouse and was moving a large bin full of pipe chambers when I felt a pop and pain in my lower back and neck. Th company doctor said it’s a sacroiliac joint injury and put me on light duty instead of taking me off work.

A week later I had no change or relief. The doctor actually argued with me that my back should not be in pain. He sent me for physical therapy. I still cannot stand up straight or walk right and the pain is horrible. How can I get him to take me off work so this has a chance to heal? Is there anything else I can do? Thank you.

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 Wanda,

If you are dissatisfied with the initial treating physician’s diagnosis or prognosis, ask your employer to provide you with the list of approved physicians. You have a right to a second medical opinion.

Section 25-5-77(a) of the State of Alabama’s Workers Compensation Code states:

“… If the employee is dissatisfied with the initial treating physician selected by the employer and if further treatment is required, the employee may so advise the employer, and the employee shall be entitled to select a second physician from a panel or list of four physicians selected by the employer. If surgery is required and if the employee is dissatisfied with the designated surgeon, he or she may so advise the employer, and the employee shall be entitled to select a second surgeon from a panel or list of four surgeons selected by the employer.”

Based on the above statute language, you should not have a problem getting a second medical opinion. If you’re still not satisfied, you’d be best served by speaking with a local workers comp 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: October 19, 2017

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