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  1. #1
    Join Date
    Sep 2007
    Posts
    51

    Default Can Your Employer Force You Back to Work

    Well, the nurse manager just called and they are not happy that my ortho has me off work for two weeks. This is a little confusing since she got my MRI results and can see the report.. My Dr. gave certain restrictions for returning that bascially make it so I can't go back. We don't have "light" duty. I can't seem to stress enough that it hurts when I have to things up to or over my head with an outstretched arm. It makes it unbearable to do repeatative motion with that arm. I do merchandising which requires me to restock cards. Most of my stores have a least 24 if not 54 feet of racks to service. The top three sections are a reach for me. Anywy, the NM wants to get me back into the Dr. to see if I really need to be off. My question.. Can they force you to keep going to doctors until they get what they want? Can I refuse to return even if they get their Dr. to release me? Everyone seems to keep saying to get an attorney.. I really don't want this to get ungly, but I am not going back early to satisfy them.... Ggggrrrrr...

  2. #2
    Join Date
    Aug 2007
    Posts
    179

    Default Re: Can employer force you back to work??

    I would definately go by what the Doctor says and I would get an attorney.
    You must protect your rights and Insurnce companies will try anything to save money.
    Handling this yourself will only add stress. Let the attorney deal with them. Only after going thru the torture of dealing with the ic do I know this.
    If you get a good attorney he will take care of all this, but by all means keep researching this workers comp nightmare to know what they are doing.

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

    Default Re: Can employer force you back to work??

    if you go back before your doctor releases you, then they will be able to Deni your claim. NC's do just what you said, they try to force you back to work as so not to pay you. and you need an attorney. if not to protect you from your company, but to protect you from the likes of the NC.

  4. #4
    Join Date
    Sep 2007
    Posts
    51

    Default Re: Can employer force you back to work??

    Thanks for the imput.. I am wondering how many people have been able to handle their WC claim without an attorney. It still surprises me how the insurance company will pay thousands for get out of paying a few hundred.. And people wonder why insurance rates are skyhigh??!!
    But I am not going back before this is healed. I think I will tell them to "bite me" if they keeps making demands....

    Thanks again...

  5. #5
    Join Date
    Dec 2006
    Posts
    2,165

    Default Re: Can employer force you back to work??

    Sandlover, the Nurse Case Manager is a NURSE, she is NOT a licensed MD, and if YOUR Doctor says you are unable to return to work then you do JUST THAT. And if your Employer can not or will not offer you light duty, then rather than pressuring YOU, the NCM would be serving the IC much better by spending her efforts with your EMPLOYER to provide you with light duty that is whithin the DOCTORS stated restrictions.

    You really need to consult with several experienced, certified WC attorneys. The initial consultations are free.

  6. #6
    Join Date
    Aug 2007
    Posts
    179

    Default Re: Can employer force you back to work??

    You feel like we all do but it is very important that you do not do anything that allows the IC to refuse treatment or stop paying you, this is what an attorney does.
    I thought I could handle it on my own after all I assumed it was as simple as getting treated and getting back to work.
    Was I ever surprised when the games started with the Insurance Company.
    In my case I was hurt 11 months ago and need surgery on my neck and shoulder.
    They have spent more money stalling, paying me to sit home waiting than it would have cost to just get treatment and get me back to work.
    I know I will never report an injury to workers comp again if I would ever get injured again.
    I will use my insurance and lie about how it happened.
    No one should have to go thru this.
    Good luck and take care of yourself

  7. #7
    Join Date
    Dec 2006
    Location
    Pa.
    Posts
    925

    Exclamation Re: Can employer force you back to work??

    .Very Few People have successfully Won, when it comes to w/c on their Own. That's why the i/c's Have Attorneys, and so should You. If You wait too long, and enough damage has been done by the i/c, You may have trouble finding an Attorney to take Your Case. I would suggest an Attorney, and soon. Make Sure they are Certified in w/c. Good Luck!!

  8. #8
    Join Date
    Sep 2007
    Posts
    51

    Default Re: Can employer force you back to work??

    Advice noted and I am grateful. Next question.. How does an attorney get paid? I only worked part time so I am getting paid 66% of very little if you know what I mean. This is not my main job it was just a supplement until my business took off. I have a compnay of my own ...I recently moved from the midwest to the gulf coast and had to start over again.. . Anyway, thank Gof my husband makes a good salary so I am able to wait them out. They are not able to threaten with withholding money.. Second question.. How do you find a good attorney?? Thanks..

  9. #9
    Join Date
    Dec 2006
    Posts
    2,165

    Default Re: Can employer force you back to work??

    Sandlover, what State are you in? The WC laws concerning payment of attorney fees differ, depending on what State you are in.

    Regarding your potential return to work with restrictions: Under FEHA/ADA Laws, the Employer MUST engage in the "interactive process" with YOU in order to determine if "reasonable accomodations" can be made in order for you to return to your usual and customary job because of your "perceived impairment/disability. What this means, however, is that you must be able to perform the "essential duties" of your job with or without reasonable accomodation.

    If it is determined that you are UNABLE to perfom the essential duties of your job with or without reasonable accomodation, then your Employer MUST, in Good Faith, try to find you ANOTHER job within the company .

    Because case law is a little "murky" as to WHO should be the one to initiate the "interactive process", you need to CYA and request it YOURSELF. This is best done by YOU IN WRITING, and send the letter via Certified MAIL RETURN RECEIPT REQUESTED. Ask that your employer respond to your request IN WRITING.

    Keep DOCUMENTATION of EVERYTHING. If your Employer agrees to meet with you for the "interactive process", it is VERY IMPORTANT to document these meetings, and what is said and by WHOM... The burden is on the EMPLOYER to prove that reasonable accomodation would impose an "undue hardship", and they must ALSO show "due diligence" trying to find you ANOTHER job for you if you aren't able to perform the essential duties of your regular job with or without reasonable accomodation.

    So, in addition to consulting with several cerified WC attorneys, depending on what your Employer does, you might also need to consult with several EXPERIENCED FEHA/ADA attorneys.
    Last edited by Charles Stevens; 10-30-2007 at 09:04 AM.

  10. #10
    Join Date
    Sep 2007
    Posts
    51

    Default Re: Can employer force you back to work??

    I am in Alabama. The problem is this. I am the only one who does my job in my terrritory. I, alone, go to each store (account) and service them. I set my own hours and decide what stores to do when. As long as I get all of them done that week, everyones happy. I usually don't see anyone else in my company for weeks or months. Depends on if another store needs something. Therefore, there is no other postion available for me since I am the job. Just me.. Strange? Hmmm?? The monkey wrench is also that I might be able to "do" my stores But it will take wayyyy too long, and we have a time limit for servicing each store. So even if I could attempt to do my job with one arm, I cannot do it in the given amount of time... Welcome to my deliema...

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