Legal Question in Workers Comp in Illinois
forced back to work
I have been off work for over 18 months do to a injury. My doctor had not approved me going back to work unless they could accommodate my kneeling restrictions also a FCE report said that I had limited kneeling capabilities. The problem is if you only read the first page of the report it says I can go back to a heavy lifting job on a trial basis. It also said that to get a complete look at capabilities read the report overview. On the overview it states limited kneeling ,squatting and crawling. My work looked at only the first page of the report stopped at can return to work at a heavy capacity and requested me to return to work and that they were cutting off my TTD payments. I faxed my work a copy of my doctors report and the FCE report and they told me that at this time I can not return to work with the restrictions but they were not going to pay me. One week later I get a letter from work saying that an IME had looked at my file and FCE report and said I can go back to work with no restrictions. My question is since this IME doctor is saying that I am able to go back to work is he or can he be found liable if I get hurt again or cause more damage to my already damaged knee?
2 Answers from Attorneys
Re: forced back to work
Sounds like you are doing this without the help of an attorney and you are, of course, getting screwed. Too many people think that they can save themselves a couple of bucks by going at it alone and then they find out that the insurance adjuster, and the IMEs and case managers and supervisors ALL want to short change you.
You don't stand a chance without an attorney to get a fair deal.
That is the only advice I can give you.
Good luck-
Nima Taradji
Re: forced back to work
I can't believe you have been off work for 18 months and apparently do not have a lawyer. Your question cannot be answered simply. If you are trying to get a short answer to a complex question so you can handle your own case, I can't help you. You should commit to an attorney ASAP. That's the person to whom your question should be directed. If you would like to call me for a review of your facts and some opinion, please feel free to do so.
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