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  1. #1
    Join Date
    Mar 2007
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    2

    Default Ordered to Ignore Doctor's Work Restrictions

    I have had several back surgeries the last one was a lumbar fusion. My doctor has writtin on my restrictions for be not to bend at the waist or not to lift over 20 lb. Well my boss said that If I didn't do the jobs he wanted me to do I will be fired. I called the doctor and told him and the doc said he has never had a employer not follow his restrictions. I cant lose this job because it will be hard to find another job with my back like it is. My doc also told me he doesn't believe in disability. He said those people on disability make it harder on the rest of the working people and he made me feel ashamed that I even brought it up. My wife has cancer and I CAN NOT lose my health insurance. I am too scared to make a big stink about this because I can't afford mt wifes chemo treatments myself. So I have been doing my regular job that requires lifting over 100 lbs from the floor. I wished I lived in a state where I can choose my doctor. I guess now is the time to see a lawyer. I told my claims adjuster and my boss told him they were following the doctors restrictions. Maybe I need to get me a recorder.

  2. #2
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    Jul 2007
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    georgia
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    33

    Default Re: ordered to ignore Dr's work restrictions

    If You Do Not Follow The Doctors Restrictions And You Injure Or Aggravate Your Injury W/c Will Not Have To Pay,because You Did Not Follow The Restrictions,always Follow Resrictions!!!!!!!!!!!!!!!!!!!!!!!!!!!

  3. #3
    Join Date
    May 2007
    Location
    Calif
    Posts
    483

    Default Re: ordered to ignore Dr's work restrictions

    Sidelined: 1st off get a good wc certified attorney. 2nd if your employer is threatening you [which is against the law!] seek out an attorney who specializes in employment discrimination.

    Your medical records and what your doctor put in them is what you are to follow.....PERIOD.....do not risk injury to yourself all as a result of an a$$hole employer. Your ER [employer] is required to engage in the interactive process, along with your HR dept [if your company has a large number of employees] and provide you a job that meets your restrictions [not do exactly the opposite and force you to do a job that does not follow your Doctors orders]

    Certainly you are very concerned given your wifes condition and her immediate need for that employer provided health insurance --- if possible go over your boss's head [if he/she is the one harrassing you] and inform that party of the situation ------ if you are rep'd also inform your attorney about the situation and let your attorney guide you.....it is a very difficult situation but you do not want to re-injure yourself where wc denies benefits as you did not follow your doc's orders complicated by the fact you need the insurance for your wife's health issues.

    I'm sure others with more in the know can provide you with some better guidance.

  4. #4
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    Mar 2007
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    Georgia
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    1,928

    Default Re: ordered to ignore Dr's work restrictions

    Quote Quoting rufus View Post
    If You Do Not Follow The Doctors Restrictions And You Injure Or Aggravate Your Injury W/c Will Not Have To Pay,because You Did Not Follow The Restrictions,always Follow Resrictions!!!!!!!!!!!!!!!!!!!!!!!!!!!
    Not 100% true rufus, they WILL have to cover any additional injuries, but it could complicates the issues already in play.

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~

    Sidelined, You NEED to get an attorney like yesterday. Do it NOW. You are putting your self at extreme risk, albeit for a very noble reason namely your wife's treatment for cancer, you are at increased and unnecessary risk nonetheless. Apparently your employer knows of your fear of loosing your job and your health insurance or they would not be so brass as to have you working outside of your doctor ordered restrictions.

    Sounds like you also have a total A$$HOLE for a doctor with his preconceived notion of disability. I wonder what his views will be when he is treating you from a wheelchair paralyzed from yet another trauma to your already sick/injured spine?

    You might also be interested in knowing that the American Cancer Society has programs that help people get their needed medications and treatments when they don't have insurance or the funds to pay for them.

    http://www.cancer.org/docroot/home/index.asp

    There may be other programs i your local area that have help available also.

    Has your wife applied for SSDI? Depending on the type of cancer and her prognosis she may well be qualified for income benefits from SSDI. Even more importantly would be her entitlement to Medicare. There is a 24 month waiting period for Medicare from when SSA determines that a person is disabled. Also depending on what kind of cancer she has and where it is located she may well qualify for state Medicaid.

    You need to check on those resources Sidelined and see about getting alternative ways of paying for your wife's chemo treatments. Might take enough stress off of you that you dare to tell your employer that NO you can NOT continue to work outside your doctor ordered restrictions.

    For all it is worth I spent a number of years on a job that I would have otherwise left but I needed to have that health insurance for my husband as he was being treated for Hep C. Although the Hep C treatments are not nearly as expensive as chemo for cancer there was still NO way we could have paid out of pocket for his much needed treatments. As well he was being evaluated for liver transplant and you guessed it that insurance it what we were depending on to pay for it. Sure upped the ante as far as how much BS I was willing to put up with on the job. At that time we had one of the meanest, nastiest, demoralizing, Beech, type woman on the planet for a supervisor. So I can honestly feel your pain in worrying about the outcome of loosing your job and insurance when you have to consider your spouse's illness. Just know there are alternatives to continue putting yourself at such a risk. Not to mention the fact that the extra stress it causes you isn't helping your back to get any better. Please check on those alternative options for your wife's health care.

    Most importantly of all PLEASE consult with a good attorney that specializes in WC law in your state. (By the way what state are you in?) Make sure you choose wisely with that attorney as you need one that will aggressively handle these issues in a timely manner. What ever you do, DO NOT, call one of those firms you see advertising on TV. They are seldom the best choice regardless of how many cheesy actors or actresses they hire to make them sound so tantalizing on TV.

    You need to check out any attorney you are considering hiring like your life depended on him/her being the best in their field. Check into how many cases they have taken to trial and if they won a favorable award for their clients. (This is public information through your states web site.) Also check with your states bar and make sure he/she hasn't been sanctioned due to unethical doings. Check with family and friends or co workers that have had to use a WC attorney. They can usually provide your best references. Your states WC web site might also offer a referral service. What ever you do get to work on finding the best possible attorney you can find and one that will help you make your employer adhere to those restrictions and the sooner the better.

    Such a shame that one needs to go to such lengths just to get some sorry SOB to understand the importance of following those restrictions in the first place. But apparently it is a part of it for many here. Are there not other employees that can refute what your employer has told the IC? Surely there is someone that will disclose that he is lying about keeping you within those restrictions. I don't know about using a recorder, it all depends on what state you are in as to the legality. You need to check your states laws before doing it. If it is legal in your state then it sure would be one way of exposing your employer for the lying scum bag he is. That way you wouldn't even need to involve any other employees. They might hesitate to tell the truth anyway for fear of loosing their own jobs.

    You take care Sidelined and let us know how things are going for you.

    Steel
    Last edited by SteelMagnolia; 08-24-2007 at 08:15 AM.
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  5. #5
    Join Date
    May 2007
    Location
    Calif
    Posts
    483

    Default Re: ordered to ignore Dr's work restrictions

    Steel: as always a pleasure and appreciate the correction so the right info is provided!!!!

  6. #6
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    Mar 2007
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    Georgia
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    Default Re: ordered to ignore Dr's work restrictions

    Quote Quoting roofinfool View Post
    Steel: as always a pleasure and appreciate the correction so the right info is provided!!!!
    OH didn't mean to step on any toes there my friend. Although the IC would be required to pay for any additional treatment caused by an exacerbation of the original injury or a new injury there can be repercussions up to and including termination for failure to follow Dr. restrictions. Sux IMHO and would be a moot point IF employers weren't so asinine about simply following those doc ordered restrictions.

    Be well my friend,

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


    Take Care and Be Well.

  7. #7
    Join Date
    Jul 2007
    Location
    georgia
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    33

    Default Re: ordered to ignore Dr's work restrictions

    sorry for what you think is an error in info,but if the w/c i/c found out that he purposly did not follow his restrictions ,they would make it very difficult and posibbly could deny hims claim for additional injuries/aggravations because he did not follow restrictions,why would they pay for something that was aggravated or injured due to neglegance on his part.the employer has some say about you following your restrictions,but ultimately,it's your body, your restrictions,you are the one that decides when and if to follow them!!!
    Last edited by rufus; 08-25-2007 at 06:04 AM.

  8. #8
    Join Date
    Aug 2007
    Location
    SW
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    4

    Default Re: ordered to ignore Dr's work restrictions

    I read these stories and am shocked at the insensitivity and ignorance of some people. If I had a tape recorder I would definitely get what he says on tape, it might not be admissable in court but it sure would be a grand lever in your favor. I hope things turn out well for you and for your wife. You know; I always, in my own life, go back to that old saying about how God never gives us more than we can handle, but, my goodness, what wide shoulders He must think you have. You employer should be ashamed of himself, I am sure he knows about your wife and no one could be so stupid that they don't believe that what they are doing to you is not hurting you. He is a mean and heartless man who will surely pay a huge price in his own life someday, but that does little to help your situation. Thank heaven there are people like SteelMagnolia and the other Senior members who so generously give of their time and energy even though they, too, are injured and in pain. I will certainly keep you and your wife in my prayers. God Bless.

  9. #9
    Join Date
    Mar 2007
    Location
    Georgia
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    Default Re: ordered to ignore Dr's work restrictions

    Not 100% true rufus, they WILL have to cover any additional injuries, but it could complicate the issues already in play.

    Perhaps I should have asked Sidelined what state he is from as there might be one or two that they would not have to pay for additional injuries if they were caused while doing his job as his employer instructed him to although it is out side of his restrictions.

    For the most part nearly EVERY state's WC laws provide for coverage on a NO FAULT basis. The exceptions for coverage include, use of drugs or alcohol, (believe it or not some states go so far as to say if under the influence AND it is proven to be the main cause of the injury), for intentional inflection of injury, or for horseplay. I would be very helpful to know Sidelines state.

    For the record YES of course it is ALWAYS best to follow the restrictions your doctor gives you and do so to a tee. However, when you are working for a compete arse, like Sidelined is, you either do what they tell you to do or get fired. No questions asked. So please understand why I said it isn't necessarily always 100% true that WC will never pay for additional injures suffered while doing ones job. That just isn't always the case.
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  10. #10
    Join Date
    Jul 2007
    Location
    georgia
    Posts
    33

    Default Re: ordered to ignore Dr's work restrictions

    I Think We Are Misunderstanding Each Other,my Position Is That If He Does Not Follow His Restrictions As Ordered By The Doctor And Continues Lifting 100 Lbs.,then The Insurance Comp. Is Going To, Or Could Consider This To Be Self Inflicted,due To His Neglegance Because He Knew About,but Did Not Follow Those Restrictions.i Do Understand Your Point About The No Fault Thing,but If He Got Injured Again Due To Him Not Following His Restrictions,and His Supervisor Reported It To The Insurance Company,they Could Possibly Deny The New Claim Because These New Injuries Were Self Inflicted...do You See What I'm Saying,or Am I Just Completly Wrong On This....i'm Also In Ga.

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