employee pressure after returning to work - attorney?

[jptrott65]

Hello everyone. I hope everyone is feeling well today. I am new here and hope to find advice. Here is my story.

In September of 2007 I hurt my back lifting at work. I experience pain in my back and severe pain in legs. The diagnosis from a MRI was a herniated disk. The solution from the doctor was a discotomy. My employer's where fairly cooperative and I did not consult a lawyer. WC paid all medical bills and compensated or my recovery time.
After returning to work under limited duty, I was asked by the business owner to go out and do some work on an icey deck. I suggested that it was too slick and he told me to give it a try. The end result, I fell down three steps at work.
Back to my surgeoun who perscribed physical therapy. I complete therapy okay, and my doctor said I did not need to return, but I still have back pain and am on permanant lifting restrictions at work. He said that surgury would not help the pain in my back. Physical therapy was an improvment, but the pain still exists and can be aggravated easily.

Here is my real delima:
Since that episode, my hours at work have been moved around and recently, some hours were eliminated. Several times I have bee asked to lift over my wight restriction and stand for long periods of time, It is very difficult to get any approval for time off if my back hurts.

I have been told by several people that I need to contact an attorney and that I can't be fire for contacting one.

Should I contact an attorney or is it even too late?

[capricorn]

First I would like to say I am so sorry for what you are fgoing through. The second injury should have never happened. I would most definitely speak with and hopefully retain and experienced WC attorney as quickly as possible. No you cannot be fired for hiring an attorney. It doesn't make most employers very happy but it is against the law to retaliate against an employee. I would seek legal counsil now because it appears that your employer is already playing games. It''s your health at stake here. Do whatever you need to do to take care of yourself. Let us know how you make out but please get on the attorney search immediately.

CAP

[Still in Limbo]

The First Consultation with an Attorney that Specializes in W/C is usually Free, and I can't See where it would Hurt to Speak with one. By No Means, no matter how much Pressure is put on You at Work should You Exceed Your Restrictions. Number One You need to Protect Your Health, and Number Two it can Jeopardize Your Case should You end up in Litigation. Always Remember it's Your Responsibility to know Your Rights and Protect them, My Opinion Only, Speak with an Attorney!

[1171]

you need to be very clear ahead of time what you want the atty for. an open ended committment to litigation may have unintended consequences. just like those icy steps: you need to look before you take that step.

[chrischris]

If you have a lot of time invested into this company, and you like your job in spite of the dangers to reinjuring yourself, then hire an attorney.

Are there any other less physical jobs that you would qualify for?

If on the other hand you don't care about this employer, then find another job.

Good luck to you!

[sparkey]

Like others have said. YOU need to be very clear to your employer on what your restrictions are. If you do not do that and hand them the paperwork from the doctor that states that, you are going to be asked to do things out of restrictions.

If he/she then gives you more and more work out of your restrictions, i would think it is time to find another job that would be in your restrictions. You do not want to make your back worse, and noone else will care for your health. You are the one that needs to take of yourself and watch out for that back. It could damage you for life if you are not careful.


My brother is disabled at 40 yrs. old due to back injuries. That is such a young age to be disabled. You do not want to be in that position. You should know your limits and what causes you pain. The worst thing you could of done is walk on ice and possibly fall down on your back, which you did. Good luck and take care of yourself.

[Still in Limbo]

Again, as I have Stated Speaking with an Attorney May give You the Info. You are Searching for, it doesn't Mean You need to Hire them and go into Litigation. On the other Hand if You do decide to Litigate, if it's Necessary You will be One Step ahead. Best of Luck, and I Hope You can get this Resolved!!

[hurt at work]

you need to follow ur restrictions ur dr gave you,they can not force you to do anything outside of the dr.s orders....i alos think you need to get a second opinion and have another mri with and with out contrast.a good attorney will tell you if ur rights are being violated if they are you need a attorney if there not than you dont.make sure you dont hire a tv add attorney look around and talk to others see if they know a good one.good luck.

[jayne]

hurt you are wrong they can force you in a way they can intemidate you into doing it....thats where a lawyer comes in then again if you cant do the work they are within their rights to terminate your employment then you fight for WC checks.....My husband was told to do something he knew he shouldnt he did it because he was told do it or you have no job...he did it and reripped the the old injury the super that told him this was fired but it didnt help Honey....he had to have 2 new surgeries to fix the new damage......thats where you having a copy of your restrictions in your wallet helps also have lots of copies and never let your last one leave your person....good luck

[hurt at work]

thats when you go talk to another attorney about the issues at hand.like retaliatory discharge,injury lawyer who ever.my wc attorney sent me to a employment attorney and he found alot of things employer done wrong in firing me.most of those attorneys can tell you right then and there if theres a suit or not most dont charge for first visit.ur right jayne they can fire you but they have to be very carefull in how they do it most are not carefull and dot think you will go after them.i live in a work at will state and they can fire you for ANYTHING....but there are loop holes just like the comp people have but sometimes they work in ur favor.