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  1. #1
    Join Date
    Aug 2010
    Posts
    2

    Default Returning to Work Before My Injury is Healed

    My workers compensation claim was made in the State of: maine
    I was injured over a year ago. I have since had two Dr.'s and two surgeries. I have a knee injury. My knee still collapses and is still very painful. Yesterday I had to pull over on my way home because the pain was so severe. I am in PT and it is getting stronger, but it still has issues. It has been 5 months since my surgery. I am working light duty in the office. My normal job is in home health care. At my last Dr's appointment he asked me what it would take to put me back to work. I was confused. I am working. But I do not feel as if my life is anywhere near the normal it was. Every time I take a step I am afraid I am going to fall. The first Dr. I had told me that my company would fire me if I did not go back to work. I cried for days. The new Dr. Has said I should be well and it's time to go back to work. Both the company and the insurance case manager were outraged by the first Dr.'s comment. I don't know where to go from here. Can he put me back to work What happens if my knee does give out and I fall on a client? Am I liable? What happens if it continues to hurt and give me issues? Does my insurance then have to pay for it? I need answers fast. Do I need to get a lawyer?

  2. #2
    Join Date
    Oct 2006
    Posts
    9,068

    Default Re: Confused

    yes your doctor can release you back to work.
    if you have another injury you can file a new claim.
    if you still need treatment coverage will continue; whether there is any treatment that will help is up to the doctor.
    have you considered getting another medical opinion to discuss those your medical future?

  3. #3
    Join Date
    Aug 2010
    Posts
    2

    Default Re: Confused

    This Dr. is my second opinion. Is it true I can seek another Dr. of my own? And who is liable if I fall on a client?

  4. #4
    Join Date
    Jan 2010
    Location
    Pennsylvania
    Posts
    606

    Default Re: Confused

    Quote Quoting dorry View Post
    This Dr. is my second opinion. Is it true I can seek another Dr. of my own? And who is liable if I fall on a client?
    Who is liable? unfortunately you are. i am a nurse and I use to do home care as well as facility work. I am responsible for meds, treatments, etc. i am also responsible to know my limitations while on duty. Unfortunately, it does not matter whether or not a doctor says you can go back to work. I may be made to go back while still on narcotics for pain. I am expected to do what I can physically able to do, but yet my licensure states I can not give out medications and make nursing decisions while "impaired." So it is on me to "just say no" but yet... it doesn't matter... I am also subject to being sued if I do meds, treatments etc. and i amke a mistake and can be held negligent if I am also under the influence of narcotics...even though they are prescribed.... although I am happy to report that the agency or facility can also be sued if they had knowledge of your impairment..

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