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.
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.
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.
Learn more here: Returning to Work After an Injury
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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