Visitor Question

I am working in pain after work-related injury…

Submitted By: Anonymous (Oklahoma City, Oklahoma)

I hurt my left shoulder at my job last year and I haven’t been right since. I had surgery for my injury in October and did physical therapy for 2 days a week for 2 months, then switched to one day until March 28th. I was on workers comp as well during that time.

I returned to work at full duty but still experienced pain which hindered my work. I was sent back to the doctor for another MRI and was told I had no new tears in my shoulder (rotator cuff) so I returned to work.

It has not stopped hurting since. It has hindered my everyday life, including everyday chores and recreational activities. And my doctor and managers know this but continue to work me without giving me a transfer like I’ve requested. I will be forced to quit and find another job.

I was wondering what are the steps I need to take? Can I sue my company for this? 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.

Answer

Dear Anonymous,

Unless there are grounds to show your injury was caused by your employer’s gross negligence, you do not have the basis of a legitimate personal injury lawsuit against your employer.

Workers’ compensation is said to be a “double-edged sword.”  One side says you are able to enjoy workers’ comp benefits when you have been injured in the job, including medical and therapeutic care, out-of-pocket expenses, and a portion of your lost wages.

The positive aspect of this is you are automatically eligible for these benefits without having to show anyone was at-fault. The mere injury itself is sufficient to warrant medical care and other benefits outlined above without having to pay deductibles or any other charges.

The other side is a trade-off. While workers comp benefits are automatic upon a finding of a work-related injury, the injured worker is not entitled to compensation for his or her pain and suffering, sometimes called mental anguish or emotional distress.

Unfortunately, unless your employer has another position available to suit your physical limitations, you are left with the option of seeking employment elsewhere.

If you have questions about any other matters related to your workers compensation benefits, you can contact the Oklahoma Workers Compensation Division.

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

How Much is Your Injury Claim Worth?

Find out now with a FREE case review from an attorney…

  • Your Accident
  • Your Claim
  • Contact Info
  • Your Evaluation

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *