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Worker's Comp: employer not complying with Doctor's orders for Light Duty, refused assignment, lost job?

I injured myself at work nearly 6 months ago, it was properly documented immediately and i was seen by Physician. work tried to pressure myself and the Doctor I was seeing at the time in order to loosen my restrictions and return me to my job. there is alot more to that, however i stated i wanted a 2nd opinion and changed Doctors to avoid this. After a couple of months of light duty, they started pressuring me by creating a Hostile environment, discarded my work with my signature and license involvement, snide comments, ect. They then told me they were ‘short on staff’ and assigned me to perform my regular duties as a nurse and told me that it did not interfere with the physician’s orders to perform specifically designated tasks that were on a checklist. I explained to them that none of my duties were on that list and they stated that they felt they were close. I was to remain sitting without bending and perform tasks such as answering phone, organizing papers, ect. not close to pushing 1000lb med cart, lifting patients to perform treatments, ect, ect. not even reasonable. i declined the assignment because my nursing license requires me to complete an assignment after accepting it in order to not abandon care. also, if a patient requires rapid response like CPR, i am obligated after accepting to perform such which further exposes me to worsening injury. if i cannot accommodate, how can i be their nurse? huh, anyway it’s much nastier than this. so i declined assignment and lost job “quit”, declined available work. months later, injury is just as bad and Dr. suspects I developed fibromyalgia at site due to injury trauma. I know people probably whine about this all the time, but this has changed my life. I am in constant pain. I have lost thousands of dollars in wages i have not been compensated for. WC stated that they offered me an assignment “close” to what the MD ordered and i refused it, therefore obviously i am not entitled to monetary compensation and cannot accept another Nursing job d/t restrictions. Time for a Lawyer? Waste of time? Just does not seem fair.
The question is whether or not seeking legal representation for the loss of wages is frivolous, and what about my pain and suffering for six months.


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4 COMMENTS

  1. so whats your question
    this is just a rant
    you hurt yourself changed doctors im guessing without work mens comp oking it
    you want their help you go to their doctors and do what they say
    6 months later you should have been healed if you were following orders as written

  2. you do not develop fibromyalgia ‘at site’–
    fibromyalgia is a widespread neuro condition–
    your claims won’t hold up in court….and tehy have tehir expert saying you can do heavy duty

  3. Well technically if you where offered a light duty job and you refused it than your likely not to get any money from the work comp insurance company because there was a light duty offered to you and you didn’t take it. Unfortunately the risk is losing your job because it’s considered job abandonment.
    This case is obviously more complex now. What I would do is I would find out whether your vocational rehab qualified. The reason is, and just from experience, with a case like this it’s going to get a bit more messy when you are out of money. You can talk with your doctor about placing you back off work again and get your checks reinstated by the insurance company.
    Now what you can also do is hire an attorney that is strictly up to you. You could try to sue your employer for wrongful termination based on what you said and that they didn’t go with light duty restrictions, of course you will have to prove that they are responsible with evidence.
    I can’t tell you whether you should get an attorney or not, it’s up to you. Sometimes having an attorney helps both parties in which they find ways to resolve the claim and get you on the right track, while sometimes some attorney’s only care what you get at the end.
    Good luck

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