Legal Question in Workers Comp in Florida

job related injury

hurt back on job, in alot of pain, workmans comp said not to go back to work. boss said i work for him and if i did not come back to work it would be considered job abandonment. what should i do. Note i did return to work on light duty. I am suffering.


Asked on 12/27/02, 1:02 pm

1 Answer from Attorneys

Steve Renick Bloom & Kinnear P.A.

Re: job related injury

Actually, it comes down to what the doctor says you can or cannot do. If the doctor says you can perform light duty, and the Employer has light duty job available within the restrictions set forth by the authorized treating doctor, then the Employer may have the right to request you accept the job. Unless you have something in writing to protect yourself in the event the adjuster later says "I never told him not to go back", you should follow the doctor's instructions. However, make sure the job being offer and/or provided is specifically within your restrictions, and arguably the doctor should approve all aspects of the job before you return. If you return to work, and you are in pain after performing that work, return to the doctor and document your problems and let the doctor decide whether you can perform the work. If the doctor is not cooperating, then it time for a new doctor.

This response is intended as guidance and not legal advice. You should alway speak with an qualified workers' compensation attorney prior to making any decision that may adversely affect your workers' compensation case. Should you wish to have a free consultation, please contact me at the email address below.

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Answered on 12/27/02, 2:18 pm


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