What if my doctors says I can't do my job anymore?

Asked about 4 years ago - Chicago, IL

What if my doctor thinks I can't do my physical job anymore after surgery due to my injury? Can he sent me back with restrictions forever? Can I be fired for not being able to fulfill their requirements? (It is a work related injury)

Also ,does settlement take place only after I go back on full duty or can I sign what they offer before I go back on full duty? if I do have third party case, will it have any effect if I settle it as workers comp case? And any idea how much (amount) in state of Illinois workers compensation and third party case limit is for knee injury?

Attorney answers (6)

  1. Stephen Laurence Hoffman

    Pro

    Contributor Level 20

    Answered . You should address these issues with your lawyer, if you have one. I strongly suggest you get one if you don't have one with issues like this.

    The Workers' Compensation Act provides for job retraining and wage differential and several other remedies in situations like yours. You should make sure you contemplate all of them with an experienced practitioner.

    Don't try to do this yourself--it is very complex and you will not be aware of all of your rights without legal representation!

  2. Henry Repay

    Contributor Level 16

    Answered . Your situation absolutely warrants the use of a qualified attorney if you do not have one or if your attorney is not adequately addressing the questions you raise. Depending on additional details that would have to be reviewed, the need for retraining may be a consideration in the settlement of your case, as may be your future earning capacity. If you settle, you likely will be bound to the result and will not be able to come back later when you realize that you may have been entitled to something different. Again, get an attorney. I would be pleased to discuss the matter with you. If I am not able to work with you, I will assist you with finding the right person to help you.

  3. Michael J. Helfand

    Contributor Level 16

    Answered . Be careful. I don't recommend negotiating a settlement on your own. Insurance companies are known for giving low offers, especially to workers who are not represented by an attorney. Their goal is to settle your claim for as little as possible. Set up an appointment with a workers' compensation attorney to talk about whether it's a good time to settle. They can also help you decide whether you have a third party claim. An initial consultation shouldn't cost you anything. Feel free to give me a call if you'd like a referral to a Chicago attorney who has a lot of experience helping injured workers. I'd also be happy to answer any further questions you might have. 1-312-346-5320.

  4. Boyd Odell Roberts III

    Contributor Level 8

    Answered . The short answer is that your doctor can issue permanent restrictions with regard to your work injury. Should your employer fire you because of your inability to perform your job, they will have opened themselvesup to a significatn amount of exposure. Regardless, these are serious issues with which you need to consult an experienced workers compensation attorney.

  5. Ricky Bagolie

    Pro

    Contributor Level 7

    Answered . Can you actually do the job despite what the doctor says? If you think you can do the job you should go back to it.

    Generally, the job does not have to take you back with a permanent light duty restriction if it would materially alter the job description. The value of the case can not be determined until you reach maximum medical improvement and your return to work status is known, Additionally, there is an interplay between any settlement in workers' comp and a third party negligence case as most state workers' compensation systems provide that the comp carrier has a lien and gets some money back from any third party recovery.

  6. Joyce J. Sweinberg

    Pro

    Contributor Level 16

    Answered . You have alot of issues going on and I think you should find an attorney to represent you and guide you through this. Find someone who has both experience in wc and pi. State wc laws are very complicated and you need someone who knows this area. You really should not try to handle this yourself. Most attorneys will offer a free consultation. Statistics show that when an attorney becomes involved, the settlement amount generally doubles. You owe it to yourself to get the best possible legal representation.

    Click on the Find a Lawyer tab on the top of the Avvo home page to see if you can find someone near you to talk to or click on the link below to access the Find a Lawyer database.

    JOYCE J. SWEINBERG ESQUIRE
    Attorney at Law
    105 A East Maple Avenue
    Langhorne PA 19047

    215-752-3732
    jjsesq@comcast.net

    Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,638 answers this week

3,053 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,638 answers this week

3,053 attorneys answering