QUESTION

What should I do if my employer won’t accept me since I have a restricted work release due to back pains?

Asked on Nov 19th, 2012 on Personal Injury - Montana
More details to this question:
My job causes my back pain. I have had physical therapies, injections, painkillers, muscle relaxers, and they are getting ready to perform two Medial Branch Blocks on me, and possibly do the nerve surgery. My doctor offered restricted work release. I said no.
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11 ANSWERS

Find a new job that fits your restrictions along with filing for benefits under the workers' compensation act.
Answered on Nov 22nd, 2012 at 7:34 AM

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Ronald A. Steinberg
Did you get hurt while on the job? If so, it is a worker's compensation case. Get a lawyer and let him/her worry about it for you. If you did not get hurt on the job, and you show up for work with symptoms of injury, and if you get worse due to work activities, the employer is going to be responsible for your workers compensation benefits. Do you blame the employer for being cautious? Oftentimes, if the employer can give you "favored work" which accommodates your restrictions, they will do it, but I am not sure that they HAVE to accommodate you due to the risk. Perhaps you should consult with an employment lawyer.
Answered on Nov 22nd, 2012 at 6:32 AM

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Thomas Edward Gates
Since you are not following your doctor's orders, you do not have an issue to raise. In addition, if there are no available work restricted jobs at your work place, your employer does not have to create one.
Answered on Nov 21st, 2012 at 7:21 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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It depends on who you said no to. If you said no to the doctor, ie., you said that you do not believe you can physically do the work within the doctor's suggested restrictions, and the doctor accepts this and writes you completely out of work, then you are entitled to a weekly workers compensation benefit (I assume this is a work injury) which is 2/3 of you average weekly wage. If the employer will no pay it, you should find an attorney to represent you. If the said not to the employer, that is, you said you will not work even though the doctor released you to work with restrictions, then you are not entitled to any temporary benefits because you are able to work with restrictions. If the employer hasn't already fired you, you should go back to work. If you try to work and find that you cannot, discuss this with the doctor and see if he/she will adjust your restrictions accordingly. If you went to work and the employer was asking you to do things outside of the restrictions (ie., regular duty), you should consult an attorney about writing a letter to the employer to conform to the restrictions, or to request a hearing for Temporary Benefits based on the fact that the employer apparently has no light duty job for you.
Answered on Nov 21st, 2012 at 7:20 AM

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Personal Injury Attorney serving Indianapolis, IN at Bernard Huff
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You may contact your State's Worker's Compensation Commission for assistance.
Answered on Nov 21st, 2012 at 6:49 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Not sure it is clear what you are saying. The doc says you can work with restrictions and you say "No" what do you expect your employer to do? Pay you for not working? What exactly are you trying to do? The employer is entitled to able bodied employees is he not?
Answered on Nov 21st, 2012 at 6:46 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Wait a minute: you said your employer won't accept you and then you said that you said "no" to restricted work release. Which is it? If the doc says you can go back to work with restrictions, that's what you do. If your employer says that you must be 100% recovered to go back to work, then you can't.
Answered on Nov 21st, 2012 at 6:38 AM

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Automobile Attorney serving Lincoln Park, MI at Law Offices of Bret A. Schnitzer, P.C.
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That is a workman compensation issue. Generally, you want to provide your employer with a disability that you cannot do the work from your physician. If your employer does not have a favored work job in your physical restrictions, than they have to pay your workman compensation. This issue can get tricky and I suggest you get an attorney.
Answered on Nov 21st, 2012 at 6:38 AM

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Automobile Accidents and Injuries Attorney serving Santa Ana, CA at Law Offices of Maurice L. Abarr
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If you are asking your doctor for a release with restrictions so that you keep the job and you return to work, if back pain increases or become.
Answered on Nov 21st, 2012 at 6:36 AM

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Personal Injury Attorney serving Wilmington, NC at Deaver & Deaver, PLLC
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There are many issues that must be considered before an attorney can answer that question. You should contact an attorney that handles workers' compensation.
Answered on Nov 21st, 2012 at 6:31 AM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Write a letter to the work comp adjuster and ask for weekly benefits because your employer does not have work with your restrictions.
Answered on Nov 21st, 2012 at 6:31 AM

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