Question
Injured at work on August 17th, 2009. I was placed on very strict and very specific release to return to work.?
My instructions are to be seated, with leg elevated doing sit down work only for no more than 40 hours per week. My employer has not been paying my medical bills and I have been getting collection calls. I have also been requested to do "walking rounds" with our doctor who has come on staff, even though my restrictions say otherwise. When I refused to do this, I was told to do it anyway, and was reminded that it was part of "my job" as the nursing director. I am not able to stay off my feet as required, and my employer has requested that I perform medical duties that I can not safely perform in my current state of disability. My doctor offered to let me off of work until the injury healed, and I thought I would be doing my employer a favor by working. I am realizing that not only do I hate my job (totally different story) but I am not following instructions of my release. Should I just call my doctor back and get put on "off work duty" or should I call the worker's comp. nurse handling my claim, or should I call an attorney and threaten to sue them for violating my rights medically? I also received an email asking me to work this weekend, though it will put me well over my 40 hours that the doctor has me limited too. Any advice is appreciated. My goals are to simply follow the instructions of my release until I am back to working again, follow through with the commitment to my current employer and seek employment elsewhere by the start of the New Year. I should specify that I am to be non-weight bearing and am to be seated at all times according to the doctor's information. I am not in a wheelchair; I am on crutches. My employer called the ambulance and they filed all the paperwork when the ambulance came, so there is no doubt that this is a worker's compensation claim. I meant to say that I hate doing seated work; not that I hate my job. I am a nurse and am used to being on the move.
3 months ago - 4 answers
Best Answer
Chosen by Asker
If you were injured on Aug 17, there is no way you are getting collections calls yet. It is more likely they are calling to clarify billing &/or payment information. There is no way for us to know what "walking rounds" means at your facility. If it is no more than walking from the parking lot to your desk or from your desk to the lunch room. Then, yes, you are capable of doing that since you are actually doing that. If you tell them you are unable you are just being nit-picky. If it is extended walking, then you should abide by the doctors note. Regarding the work duties that you are on, there is no need to go back to your doctor. Talk with someone with the person in your office who handles workers comp, reminding them about your work restrictions. The company is not required to allow you back to work. If they can't abide by the restrictions, you should not be there and they will tell you to leave.
by sbinlb
3 months ago
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Other Answers
Knowing your goal would be more helpful, but I would do ALL of those things. I would rewrite what you've written here, and send it to your boss's boss, copy the worker's comp nurse, and call an attorney. Don't THREATEN to sue. Either sue or don't--ask the attorney what they think, and don't give them any money. This is the kind of case where they'd work for a percentage of the settlement.
by Secret Agent of God (BWR)- 3 months ago
Are you using a wheelchair if you are to be seated at all times? In that case "walking rounds" would be you wheeling... it's an option. If your company refused to follow the doctor's orders, then take FMLA in order to heal. Have your doctor fill out the paperwork and then turn it in to your employer for approval.
by spalmer- 3 months ago
Your employer doesn't pay any medical bills - their workers compensation insurance company does that. But your injury was, what, two weeks ago? And you're ALREADY getting collection calls? If your employer cannot find you light duty work while you're healing, then discuss it with the workers comp adjuster, and they should both agree that you should stay home until you CAN do the job. Tell your claims adjuster that your employer is telling you you MUST do walking rounds. Have your adjuster talk to your HR department. An attorney isn't going to DO anything for you at this point. They can't MAKE the employer give you light duty.
by mbrcatz- 3 months ago
As to the medical bills, if you were injured at work you should have immediately notified the employer of that fact and filed a workers compensation claim with your employer. If the injury is verified as work-related, your employer's WC insurance pays the medical bills. If the physician's work restrictions cannot be accommodated by the employer, then the employer should deny your return to work until your condition improves. The fact that you claim to "hate your job" makes me suspect that there may be more to the story than told here.
by jlf- 3 months ago