QUESTION
Can I sue a worker’s compensation claim doctor for releasing me back to work with my injury?
Asked on Oct 08th, 2012 on Personal Injury - Georgia
More details to this question:
On June 9, I hurt my knee at work. I was out of work for a couple of weeks then went back on light duty. My knee got worst and I was put out again on worker compensation. They did an MRI. The report that the doctor asked wasn't on the paper so he called the radiologist and said I had a mild tendonitis. There wasn't anything else he could do for me and release me to go back to work full duty. What are my options if I have any?
9 ANSWERS
Suing the doctor isn't a viable alternative for you in Iowa. Instead your lawyer will need to file for alt. medical care after you obtain a medical opinion taking you off work or prescribing some other medical procedure or treatment.
Answered on Oct 13th, 2012 at 5:39 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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No the doctor is not your doctor and thus has no duty to you but his duty is to the Comp carrier.
Answered on Oct 12th, 2012 at 9:47 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Hire an experienced workers' comp attorney.
Answered on Oct 10th, 2012 at 5:18 PM
YES. You'll haqve to PROVE "doc" was somehow negligent and caused you damages.
Answered on Oct 10th, 2012 at 5:18 PM
Ronald A. Steinberg
No. If you were released for work too soon, then you go back off work and reopen the compensation case.
Answered on Oct 10th, 2012 at 5:18 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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No lawsuit against the doctor is feasible. Do the physical therapy or let them operate. Get back to work before they forget your name unless you want to work somewhere else. Start applying there and leave WC behind. You're better and smarter than to get caught up any further in the WC system. Bust out.
Answered on Oct 10th, 2012 at 1:01 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You don't sue doctors for medical opinions you don't like. You find another doctor and get your own medical opinion. You can ask the carrier to let you get a second opinion. If they say no, ask the Industrial Commission. They can order it. if neither works hire your own doctor. If you win his bill ought to be paid by the carrier before it is all over.
Answered on Oct 10th, 2012 at 12:57 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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It sounds like this was an "Independent" Medical Exam. You are entitled to your own doctor and worker's comp has to pay for it. If your doctor says you can't go back to work, or can only perform light-duty with restrictions, then follow your own doctor's advice. The comp carrier will cut you off and you will have to take an appeal.
Answered on Oct 10th, 2012 at 12:43 PM
Workers Compensation Attorney serving Atlanta, GA
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The Law Offices of Laura M. Lanzisera
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You can ask for a new doctor. If your employer did not have proper list, you can choose your own doctor.
Answered on Oct 10th, 2012 at 12:27 PM