QUESTION
Do I have legal grounds to pursue a case if my employer disregarded the doctor's restrictions in order to keep production up?
Asked on Jul 10th, 2014 on Personal Injury - New York
More details to this question:
Jan 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.
13 ANSWERS
Car Accidents Attorney serving Milwaukee, WI
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Domnitz & Domnitz, S.C.
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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.
Answered on Jul 16th, 2014 at 8:02 PM
Ronald A. Steinberg
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.
Answered on Jul 11th, 2014 at 4:43 PM
Edwin K. Niles
Please have a free conference with a worker's comp lawyer.
Answered on Jul 11th, 2014 at 4:41 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The employer would be liable, under WC, to take care of any exacerbation of your injuries but you have disclosed none, or any other damages.
Answered on Jul 11th, 2014 at 1:08 PM
EDWARD MILLER
Yes, you appear to be entitled to workers' compensation since it was an injury that arose out of your employment.
Answered on Jul 11th, 2014 at 1:07 PM
You may have to be placed under temporary disability if your employer is not willing or can't accommodate your restriction. You need to retain an attorney to change your doctor to do that.
Answered on Jul 11th, 2014 at 12:22 PM
Personal Injury Attorney serving Irvine, CA
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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.
Answered on Jul 11th, 2014 at 12:03 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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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.
Answered on Jul 11th, 2014 at 11:44 AM
Employment & Labor Attorney serving Weston, FL
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Behren Law Firm
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Yes you could have a violation of Florida statutes and the ADA based upon what the employer did. Feel free to contact us if you wish to discuss further.
Answered on Jul 11th, 2014 at 10:17 AM
James Eugene 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.
Answered on Jul 11th, 2014 at 10:15 AM
Thomas Edward Gates
You have not shown whether your injury was made any worst or delayed healing from working at your job.
Answered on Jul 11th, 2014 at 9:40 AM
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.
Answered on Jul 11th, 2014 at 9:40 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You have a comp case. If your injuries are worse, then that becomes part of your comp case.
Answered on Jul 11th, 2014 at 8:26 AM