I have my follow up appointment with my doctor this week as I have been signed off work since my injury. I recently accepted and signed a settlement with workers compensation, and just received a confirmation copy and notice from the WC attorney that it has been sent to the Board.
I am now in my 30 day cooling off period I assume. When I see my doctor this week does he need to continue signing me off work until I receive my settlement funds, or will this follow up be my last appointment? Do I need to ask him to continue to prohibit me from working until the settlement comes through? I’m just not sure how this will go. 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.
Your doctor’s decision to continue or discontinue keeping you from returning to work really has nothing to do with a “cooling off” period. In most cases, once a workers compensation settlement has been arrived at, the injured worker’s injury will have either been healed, or a disability confirmed.
Your doctor should only certify you to return to work if you are healed sufficiently to return to work. If you aren’t sufficiently healed, or unable to assume your work duties, your doctor should not certify you to return to work.
If you feel you aren’t well enough to return to work you should make that clear to your doctor. If you feel your doctor isn’t properly protecting you, your next action should be to contact the workers comp insurance company and ask to be referred to another doctor. Until such time as you settle your claim and sign the release forms you still have a right to seek medical care, whether it is from your present doctor, or a new one from the workers comp list of approved doctors.
Learn more here: Problems with Independent Medical Exams
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 with your claim,
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