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  1. #1
    Join Date
    Apr 2007
    Location
    Tennessee
    Posts
    134

    Unhappy Employer Violating Doctor's Restrictions

    My doctor put me on restrictions of no pushing or pulling and no lifting over 20 pounds and my employer immediatly removed me from my that required me to do neither and my supervisor was working with my restrictions and put me on a job that required me to do both.I have complained about it told them that it hurt for over two months I have been in constant pain and my doctor finally got the insurance to approve a cirvical spinal epidural block to help with the pain in my neck and shoulder and numbness in my right arm and hand.Well When they found out the epidural stopped the pain they acted like I was completly cured and started pushing me even harder even asking me to pick up 80 pound boxes along with pushing and pulling them I haven't even seen my doctor since the epidural an anistheseologist done it so I know my restrictions haven't changed and I know I haven't healed overnight since I just got the epidural three days ago.When I left work today I was in so much pain I had a couple of pain pills just to drive home "medeforically speaking"but I was in bad pain.It seems like they are trying to hurt me because after the epidural I shouldn't be in any pain and toey aren't even fully healed from the procedure yet.when they tell me to do it and I say it hurts they get mad when I tell my attouney his assisstant tells me to do my best i'm afraid I am going to be reinjured.What do I do.

  2. #2
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,928

    Default Re: employer violating doctors restrictions

    You follow your doctors restricitons to a tee, both on the job and off. You will have to firmly REFUSE to do anything outside of those doctor ordered restrictions. You need to tell your attorney's little ass(t)., to get the attorney on the phone and if he dosen't talk directly to you or suggests that you work outside of what the doc has ordered that is when you need to find another attorney. You also need to return to the doctors office for an exam and an update of your restrictions given in writting to your employer.

    If you continue to work outside of your restrictions any further injury is on you NOT your employer. Let them get a mad as they like it is you that will pay for any consequences. The ESI can help reduce the inflammation and pain but they DO NOT prevent further injury. In fact they can contribute to further injury as you can't feel as much pain as you normally would. When you are talking about a cervical spine injury you better be very careful as you could end up paralized if you cause further damage.

    Good Luck to you,

    Steel
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  3. #3
    Join Date
    Apr 2007
    Location
    cincinnati,ohio
    Posts
    765

    Default Re: employer violating doctors restrictions

    because your pain diminished after the injections do not mean you are healed, it only means your nerves are blocked, and you are now more likely to cause even more damage because you cant feel what is going on, now the employer can say you violated the restrictions by being observed doing more than you were supposed to be doing, now they can, and will use this against you. good luck, take care of yourself, my prayers are with all injured workers.

  4. #4
    Join Date
    Jun 2007
    Location
    Tennessee
    Posts
    200

    Default Re: employer violating doctors restrictions

    I agree with everything that Steel had to say with the exception of one part. If you do reinjure yourself, causing some new physical change in your neck, and if you did it on the job, then the employer's still going to be responsible for WC benefits, even if they had you working outside of your restrictions.

    These damn HR people at these companies like to make medical decisions based on their expert knowledge of medicine AND law that put employees in impossible situations.

    Until your doctor expressly changes your work restrictions, your employer needs to either find you work perfectly within those limitations, or you need to be home drawing TTD if they don't have work for you.

    If you don't stand up on this now, you're going to get screwed later.

  5. #5
    Join Date
    Feb 2008
    Posts
    2

    Default Re: employer violating doctors restrictions

    Obviously this is an old post, but I am having kind of the same problem. Carpal Tunnel has made it difficult for me to perform my job duties. My employer was given my restrictions, however, even prior to me filing the wc claim they (the office manager said, "Well, wouldn't it helped if you took more breaks, because I know that you have to type for work but it seems like you are back there typing away all day") said I was typing more than was necessary for my job (of course...because I enjoy the pain!). Which is not true. After being given the restrictions they said it was up to me to take my 10 minute breaks an hour to stretch, and that was it. In fact, I was given more typing to do afterward. I have asked that they help me because I am getting worse, and unable to do my job, or even everyday things because of the pain, and numbness in my hands. They treat me as if there is not a problem, and pile more work on my desk. I have called out the past couple days because I have lost my grip, and feel I shouldn't be driving like this. I shouldn't really be typing. But my question is, after going well out of my way to supply my employer with information, and doing everything on my part, shouldn't I expect a certain amout of help from them?

    It has been three months, and I have yet to see the surgeon my doctor requested. My employer did not even purchase a wrist rest for my keyboard until after I filed the wc claim. I brought mine from home, and they asked if they should still order it! They have acted from the beginning like I shouldn't have filed the claim, and I feel as if they would like to fire me over being out because of it. All I want is for them to help me type, file, and realize that the situation is making me worse.

    Sorry for venting, I am just stressed about this and feel as if maybe I should have reported all of this to someone to begin with. Thanks.

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