Legal Question in Workers Comp in Florida
Work Comp and return to work
I have herniated a couple of discs in my neck. It looks like I may be able to return to work without surgery. My job requires lifting and sitting for 5 - 6 hours straight. I'm concerned that since I didn't have the problem removed, rather it was made non symptomatic what will hapen if it returns? This year, in three years, and in ten years?
2 Answers from Attorneys
Re: Work Comp and return to work
The answer is that it depends. It depends on whether you continue to treat for this accident or whether you stop treating. It depends on what you are doing when it returns. If you are doing something strenuous, it may qualify as a new accident. It depends on whether your statute of limitations has run on this comp case. It depends on whether the doctor says the main cause of your need for treatment is the original accident or not. And on and on etc. There are so many variables to consider that a definite answer is impossible. Just remember this, it is the doctor who determines what treatment you need, and it is the doctor who says whether the need for treatment is related to the accident or not. The answer to your question then, will ultimately come from your doctor. It never hurts to ask them what they think.
Re: Work Comp and return to work
You must keep your WC case open. This means not settling the case and also means that you must constinue to receive authorized medical care, therapy, prescriptions, MRI's etc. at least once each year. Twice a year is even better. That way if you need medical care or you become disabled, you will be entitled to receive additional benefits.