Refusing to Return to Work Following Workplace Injury

Gerber & Holder attorney Ben Gerber explains what you can - and cannot do - after being injured while on-the-job. If you need legal help, contact an attorney today: www.gerberhold...

[@ursaucie]

I fell at work and hurt my knee, wrist, elbow and completely tore the front tendon in my rotator cuff. Comp Doc said I could have the rest of the day off but I was to show up for my shift the next day. I was shocked because my position at work is a shift manager at a major Drug Store/Pharmacy. I had to use all my PTO (40 Hours) and then one week of no pay at all until I felt I could go back. My work accommodations were being a Cashier and that wasn't easy to do when I had no use of my right arm at all. Kicked out of Workman's Comp after an MRI with the doc saying it was previous damage and left the doctor's office with no doctor, no physical therapy, no work restrictions. I am super lucky to have an amazing boss who has been very patient with me for the last 7 months. Ended up needing to use my own insurance and $$$$ to cover the surgery I needed (my arm never would have gotten better without it) and all the doctor bills that comes along with that. I had to come up with about $3000+ to cover the 20% that my insurance didn't cover. Had to take a leave from work to do the surgery and recover. Had to file for disability and I will be in physical therapy for at least 2 more months. It's been 12 weeks since surgery and my doc will release me to go back to work with restrictions next week. It has been a complete nightmare.

[@edstjames9351]

My brother who is a mechanic amputated his hand and was reattached. Workerscomp is offering him work as customer service. He has not even been released from the ortho nor his psychiatrist. Does he have to accept such work? Its not even in his field. Hes not mentally ready to do it either. We are very confused

[@DDimo-c3t]

Question: I receive disability SSD, why do I look for a job, when I am so sick?.

[@bygerber1]

That's an excellent question, but outside the workers' compensation arena. Therefore, I suggest you contact an SSDI attorney. Good luck!

[@Mr.Kittles]

I have been refusing to work for the past three years, after my 9th straight injury claim was denied without diagnosis. After I abandoned my career as a red seal journeyman plumber and journeyman class b gasfitter, I finally received a diagnosis of permanently disabled.. Due to a collapsed disc in my back, that resulted from WCB’s neglect. WCB’s “culture of denial” has turned me into an advocate against skilled trades. Parents should be protecting their children from ending up in a skilled trade. Do this by saving money for your child’s college education. As education is the only path to success during late stage capitalism.