Do I have legal grounds to pursue a case if my employer disregarded the doctor's restrictions in order to keep production up? 15 Answers as of July 16, 2014Jan 29 2014, I was injured at work with a shoulder sprain later to be determined a torn rotator cuff muscle. Reported the injury to my supervisor the day after within the 24 hr. time frame and filed a workman’s comp claim. I scheduled a Dr. appt. on Feb 6th. After the Dr. appt. I was released back to work with the following restrictions: No lifting of 10 lbs or more with right shoulder. No lifting above chest with right arm. Can only work 8 hours a day. Work did accommodate me with these restrictions for a short time. After my Dr. visit on Feb 26, with same restrictions, I was put back to normal work duties of lifting product (above chest high), pushing heavy carts, building pallet loads (above chest high). I feel my employer disregarded the Dr. restrictions in order to keep production up. I have documentation of Dr. restrictions from each Dr. visit, photos of product at unsafe height’s (cause of injury) photos of carts built.
Domnitz & Skemp, SC | Merrick Domnitz
There are many nuances to your question. Did your employer have you evaluated by a company retained doctor? Do the notes from your doctor indicate you can return to full activities? Have your injuries been made worse by the return to full duty? These are questions which need to be answered so a decision can be made regarding your need for a work comp attorney.
Answer Applies to: Wisconsin
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
If the violation of restrictions causes you additional injury, then you have a case. If no injury, what would you sue for? Now, if you get terminated, you would need to get a lawyer that handles wrongful discharge/employment discrimination cases.
Answer Applies to: Michigan
The Medler Law Firm LLC | John Medler
Yes, under the ADA, your employer has the responsibility to proved a reasonable accommodation for your disability. If, with your accommodation, you could perform the essential functions of your work, and your employer failed to provide that reasonable accommodation, then you have a claim under the ADA. Some employers will say, I do not have any light duty the guy can do; if he cannot lift, then he cannot perform the essential functions of the job. That will be the employer argument. Normally, an employer will have some light duty work that you can do for a reasonable period of time. So I think you probably have a case under the ADA.
Answer Applies to: Missouri
Boesen Law, LLC | Joseph J. Fraser III
If you have a Workers' Comp case, you have that case, and your ultimate rating for physical impairment will be based upon the ultimate physical condition and range of motion of your shoulder. If your employer has workers' comp insurance, you may not bring another legal action against them for your work injury. You won't get anything more or less because of your work, but simply your condition. Hopefully, the work outside of medical restrictions won't result in greater injury and impairment.
Answer Applies to: Colorado
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You did not say you were injured as a result. You get paid for real damage not for mistakes or personal feelings. You must be hurt in some way, and not just hurt feelings. Tell me the whole story if there is one.
Answer Applies to: North Carolina
James E. Hasser, Jr. P.C. | Jim Hasser
Your exclusive remedy against your employer for an on the job injury is for comp benefits. There are a few very limited exceptions. However, I would show your restrictions to your employer and not work outside of them. If they can't accommodate you, they will owe you comp. You may want to speak with an experienced comp lawyer to see if you qualify for one of the exceptions and/or for permanent disability benefits.
Answer Applies to: Alabama
Law Offices of George H. Shers | George H. Shers
You need to go to an attorney specializing in Workers' Compensation to see if he/she feels you can file an additional claim for serious and willful misconduct. It would be very difficult for you to pursue such a claim on your own. In California, the attorney's fee is normally 15%. Any claim would be limited to the WC system.
Answer Applies to: California
The Law Offices of Russell Gregory, P.C. | Russell Gregory
This may well be pursuable. It may even take the matter outside the limited parameters of a workers comp claim, which is what you want. It would have to be discussed in detail, to see if the matter can be so pursued. It is definitely worth discussing.
Answer Applies to: Michigan