Do I have legal grounds to pursue a case if my employer disregarded the doctor's restrictions in order to keep production up? - Injury Law Questions and Answers- LawQA.com

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Do I have legal grounds to pursue a case if my employer disregarded the doctor's restrictions in order to keep production up?

Jan 29 2014, I was injured at work with a shoulder sprain later to be determined a torn rotator cuff muscle. Reported the injury to my supervisor the day after within the 24 hr. time frame and filed a workman’s comp claim. I scheduled a Dr. appt. on Feb 6th. After the Dr. appt. I was released back to work with the following restrictions: No lifting of 10 lbs or more with right shoulder. No lifting above chest with right arm. Can only work 8 hours a day. Work did accommodate me with these restrictions for a short time. After my Dr. visit on Feb 26, with same restrictions, I was put back to normal work duties of lifting product (above chest high), pushing heavy carts, building pallet loads (above chest high). I feel my employer disregarded the Dr. restrictions in order to keep production up. I have documentation of Dr. restrictions from each Dr. visit, photos of product at unsafe height’s (cause of injury) photos of carts built.

Answer By Merrick Domnitz
Domnitz & Skemp, SC
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There are many nuances to your question. Did your employer have you evaluated by a company retained doctor? Do the notes from your doctor indicate you can return to full activities? Have your injuries been made worse by the return to full duty? These are questions which need to be answered so a decision can be made regarding your need for a work comp attorney.

Answer Applies to: Wisconsin
Replied: 7/16/2014

Answer By Edwin K. Niles

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Please have a free conference with a worker's comp lawyer.

Answer Applies to: California
Replied: 7/11/2014


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If the violation of restrictions causes you additional injury, then you have a case. If no injury, what would you sue for? Now, if you get terminated, you would need to get a lawyer that handles wrongful discharge/employment discrimination cases.

Answer Applies to: Michigan
Replied: 7/11/2014

EDWARD M. MILLER, PC
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Yes, you appear to be entitled to workers' compensation since it was an injury that arose out of your employment.

Answer Applies to: Michigan
Replied: 7/11/2014

Answer By John F Brennan
Musilli Brennan Associates PLLC
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The employer would be liable, under WC, to take care of any exacerbation of your injuries but you have disclosed none, or any other damages.

Answer Applies to: Michigan
Replied: 7/11/2014

Answer By ARMAN MOHEBAN

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You may have to be placed under temporary disability if your employer is not willing or can't accommodate your restriction. You need to retain an attorney to change your doctor to do that.

Answer Applies to: California
Replied: 7/11/2014

Answer By John Medler

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Yes, under the ADA, your employer has the responsibility to proved a reasonable accommodation for your disability. If, with your accommodation, you could perform the essential functions of your work, and your employer failed to provide that reasonable accommodation, then you have a claim under the ADA. Some employers will say, I do not have any light duty the guy can do; if he cannot lift, then he cannot perform the essential functions of the job. That will be the employer argument. Normally, an employer will have some light duty work that you can do for a reasonable period of time. So I think you probably have a case under the ADA.

Answer Applies to: Missouri
Replied: 7/11/2014

Boesen Law, LLC
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If you have a Workers' Comp case, you have that case, and your ultimate rating for physical impairment will be based upon the ultimate physical condition and range of motion of your shoulder. If your employer has workers' comp insurance, you may not bring another legal action against them for your work injury. You won't get anything more or less because of your work, but simply your condition. Hopefully, the work outside of medical restrictions won't result in greater injury and impairment.

Answer Applies to: Colorado
Replied: 7/11/2014

Paul Whitfield and Associates P.A.
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You did not say you were injured as a result. You get paid for real damage not for mistakes or personal feelings. You must be hurt in some way, and not just hurt feelings. Tell me the whole story if there is one.

Answer Applies to: North Carolina
Replied: 7/11/2014

Answer By Jim Hasser
James E. Hasser, Jr. P.C.
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Your exclusive remedy against your employer for an on the job injury is for comp benefits. There are a few very limited exceptions. However, I would show your restrictions to your employer and not work outside of them. If they can't accommodate you, they will owe you comp. You may want to speak with an experienced comp lawyer to see if you qualify for one of the exceptions and/or for permanent disability benefits.

Answer Applies to: Alabama
Replied: 7/11/2014

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