QUESTION
Do I have legal grounds to pursue a case if my employer disregarded the doctor's work restrictions?
Asked on Jul 07th, 2022 on Workers Compensation - California
More details to this question:
while at work, which is a sports facility, a player spills liquid on floor, I turn and slip in the puddle tweaking my knee. HR sent me to doctor who puts me on work restrictions, no pushing, squatting or lifting more than 10 pounds I complete physical therapy with little improvement so work restrictions still are in place. while still on doctors restrictions, I am told to run an sports event including set up sporting event which includes moving seven 50 pound bleachers across gym, carrying up 4 40 pound team bench's across the gym moving several tables and chairs. I do so, which causes knee to swell and ache. Next day I ask manager for an extra co worker to assist with day of event tasks and setup. Says no but he will have staff setup event the night before so I wont have to. 8 events have passed and no one has setup anything up leaving the task to me. which is leaving my knee swollen everytime. Just received MRI results of a torn lig. in knee. Do I have a case?
1 ANSWER
Yes, you have a workers compensation case. If the employer is not following the restrictions, I highly suggest you talk to one of us work comp attorneys on this site for help. The insurance will be liable for anything the employer does that makes your condition worse. It's time to bring in a attorney to be on your side and write a nasty letter to insurance and employer about failure to follow restrictions. This will also need to be brought up to your work comp primary treating physician so they can modify restrictions or take you off work completely until you heal. You may have additional options, but we would need to go over more details for real legal advice. Call one of us here on Lawyers.com for work comp help. Consults are free, cases are taken on contingency at 15% with nothing out of pocket.
Answered on Jul 11th, 2022 at 8:55 AM