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  1. #1
    Join Date
    Sep 2014

    Default Injured in North Dakota but Live Minnesota

    I work for a transportation company out of Ross, ND. My home is Minneapolis, MN. I hurt my elbow in July and started to see the doctor the first week in August. I'm receiving benefits from ND WSI. Was told yesterday that I am probably going to need surgery, but he isn't sure. He gave me a cortisone shot, and has yet to get an MRI. Says there are steps he has to take before he can get one. OK. I understand that the rules are different if you're hurt at work. He has me coming back in 3 weeks. But in the mean time I'm stuck on the company's property. They told WSI that they have light duty for me. Which consists of around 15 hours a week. My benefits are based off my 80+ hr work weeks. So the hours they give me pretty much covers the rent they charge for housing. I sit for days at a time in a room. Then I'll drive invoices into our brokers and that takes about 3 hours and not daily. My next appointment is for Neurology (index and thumb are numb from injury) Which is scheduled by my home in Minneapolis this upcoming Monday. I want to go home early and not come back until my next orthopedic appointment. My question is this. Can my employer make me come back because they have light duty, no matter how minimal it is???

  2. #2
    Join Date
    Feb 2007
    831 East Morehead St., Ste 355, Charlotte, NC 28202

    Default Re: Injured in North Dakota but Live Minnesota

    You need to talk to a workers' comp lawyer in North Dakota.

    As a general rule, I would say yes, you need to come back to the light duty. Are you getting a check for 2/3 of the difference between what you used to make, and the light duty pay? That would be called "temporary partial." If you are not getting that check, you definitely need to talk to a work comp lawyer asap.

    I practice law in Charlotte, NC, which has a lot of trucking, and I have found that most trucking companies will screw over an injured worker in every way they can. So get some professional help. Don't let yourself get screwed.

    Good luck.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

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