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On workers comp for low back injury. Still under doctors care and employer forced me back to full duty. Haven't received......

Fort Worth, TX |

Any response from WC insurance (liberty mutual) about missed pay reimbursement. District manager and reporting supervisor forced me back to work. Manager tells me to not take medications from doctor so I can be on-call and that there will not be anymore injuries or accidents happening. They have also been telling me what to say to doctor so I can be released from medical care. They tried making me sign letter to reduce hourly pay while on light duty but I didn't. My paychecks were not what they should have been which means they were altering my submitted hours because the paystubs show the hourly rate was still the same. I need to know if there is a claim here to go after the company (USIC) and the insurance company. Please help.

Yes there are work restrictions (cannot push/pull/lift over 10lbs, limited use of back) and I'm a utility locator (have to lean over while walking and holding a line locator device and spray paint ground). I walk many miles in one day. Have not met maximum medical improvement and still under doctors care (not released back to work). Recorded face to face conversation w/ district manager pursuading and telling me I'm going back to full duty work. Have left multiple messages w/ multiple people @ WC insurance and not getting response. Have 1 letter indicating claim is approved and they are the carrier.

Attorney Answers 4

Posted

You definitely should retain a Texas WC Attorney. Hourly pay is taxed, and Disability pay is generally not. If you have reduced hours, you may have a right to partial temporary disability for part of the difference, but calculating the right amount is tedious.

We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.

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Posted

Unless the comp. carrier has a medical opinion saying that you have reached an end of healing, no work restrictions and can return to work, they have to follow your doctor’s opinions and work restrictions. You need to talk with a local worker’s comp. attorney ASAP, and report your employer’s actions to your doctor so that they are documented.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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Posted

You need a work comp lawyer to advise you at this point. You are getting jerked around pretty badly.

This answer is intended as general information and not as specific legal advice. If you want to have a free consultation with me, please contact me through AVVO.

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Posted

You should be entitled to Temporary Income Benefits from Liberty Mutual for you lst time from work. If they lowered your wage while on light duty, you may also be entitled to benefits.

You need to contact an attorney right away. If you have any questions, you can call my office at (214)357-1782.

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