Suffered several injuries on 10-25-12 on the job site none of them were my fault. I was sent to their clinic after filling out an accident report. The result of the injuries included blunt head trauma, severely sprained ankle and a bulging disc in my neck just to name a few. Doctors released me to go to full duty with no restrictions the very next day I am in pain from the time wake up to the time I go to bed. I have told this to the doctor on the last 3 visits but still refuses to restrict my work. What can I do ?
This is their doctor that is setting the restrictions they have not released me from their care yet
Car / Auto Accident Lawyer
First of all, sorry you were hurt. I hope you heal quickly.
Now, you definitely want to talk to a lawyer who handles both workers' compensation and personal injury/ negligence cases, as I do.
Under comp, you have a right to sweat least one doctor of your own choice. The doctor your employer sent you to is going to get lots of business from the comp insurer for that employer, so whatdo you think that doctor will do about sending you back to work?
I don't know how you were hurt, so i am not sure if you have options in addition to your workers' comp rights. Potentially, you may have a negligence case against the contractor in control of the site.
Either way, with serious injuries, and a doctor definitely not helping you, you need lawyer to fight for you. I'd be happy to talk to you to determine if I could help you.
Both workers' compensation and injury lawyers work on a contingency basis, so you will not pay unless you win.
I hope this helps.
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.
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Personal Injury Lawyer
First you need to find your own doctor and have him/her give you the needed work restrictions. Next you need a worker's comp. attorney. Remember,do not give any recorded statements to the worker's comp. adjuster.
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.
Workers' Compensation Lawyer
As my colleagues have noted, the doctor you are seeing is paid by the company and is looking out for the company's best interests, not yours. You have an obligation to yourself and your family to seek out an experienced local Worker's Compensation attorney who can serve as your advocate. It is equally important that you identify a capable doctor who is willing and able to impose appropriate restrictions.
It is important to remember that even the most capable attorney cannot advocate for any position which is not supported by a medical professional. Saying the same thing differently, no lawyer can get anything for you that is not ordered by your doctor. An experienced Worker's Compensation attorney may be able to refer you to a credible incapable physician. Good luck.
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Workers' Compensation Lawyer
In California, YOU WOULD GET TWO ATTORNEYS.
The Employer has Workers Comp insurance, so you NEED A WORKERS COMP SPECIALIST because that's a special Administrative System there in Illinois with special rules and physicians (last time I had a client with injuries in Downer's Grove).
In additions, there are duties that were owed to you to maintain a safe Construction Site... if the people in charge of maintain safety on the site are NOT your employer, YOU HAVE A SEPARATE PERSONAL INJURY claim against all the people / corporations that should have maintained safe conditions and equipment and failed to meet that duty.
a small amount of attorneys do both personal injury and workers compensation, but PRESUME THAT YOU NEED ONE SPECIALIST FOR WORKERS COMP BENEFITS then == after you maximize the comp benefits -- you need a Personal INjury lawyer to get whatever Comp doesn't cover (such as pain & suffering, and some lost wages and future earnings losses).
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