I got hurt at work went to the ER ended up getting an MRI and my knee is "jacked" as the doctor so eloquently put it. I have to get Surgery to fix ACL MCL meniscus femur fracture etc. At first when I went to the ER employer said they would pay me my wage hourly for 40 hours.Workers Comp has approved the Medical side of things. Went to specialist who was checking range of motion and to talk about surgery and it completely messed it up again after i left there it was swollen and popped and buckled out. I was at that visit able to return to work light duty basically sit in a desk chair is what i was told. I couldn't go in because of the swelling had the doctor fax a letter stating return to work would be this monday. Problem is is they only paid me for one day this week. Furthermore the owner was very hostile when I told them I couldn't do the job they wanted me to and that I had specifically discussed it with the doctor. He told me to come in and sit in a chair and count bolts? Should I get an attorney? What do i do about them not paying me? This place is an OSHA nightmare and would be shut down immediately. Should I go in on Monday?
There is a lot of missing information that is needed in order to answer your questions. Such as, is your employer self-insured? A wage loss claim is separate from the medical claim and, depending on how your employer handles workers comp, it is either submitted to the employer or to the Bureau. I would contact an attorney to discuss it in more detail. Keep in mind that an attorney will likely charge a contingency fee for the work, usually around 33%.
If you were my client, I would confirm in WRITING with your doctor whether the medical restrictions permitting light duty are reasonable for your injury. If you are restricted from working your former position of employment, you are entitled to temporary total disability compensation. But if the offer of light duty meets legal standard for a good faith offer of light duty under Ohio law AND your doctor feels you are able to perform that job, you may be entitled to wage loss compensation.
You should seriously consider discussing your case with an attorney to protect your legal rights.
You should absolutely confer with an attorney. It appears that your claim has been approved and that your physician of record has given you permission to perform a sit down job. If so, and if your employer has provided such a position, you should not refuse or decline. Doing so may result in your disqualifying yourself from receiving temporary total disability compensation and may result in your being terminated. If you cannot perform the sit down job, you must discuss the situation with your physician of record and hope that he will increase your restrictions or take you off work completely. It appears that by offering light duty and/or wage continuation, your employer is trying to avoid the payment of temporary total compensation because of the negative impact (cost) this has on the employer's workers' compensation insurance rates. This is fine so long as it is done within the rules. Only if you have a good attorney will you know what's going on and will you be protected. The issues relating to light duty create a minefield of danger for injury workers. Again, you should confer with an attorney right away.
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