Legal Question in Workers Comp in Louisiana
I fell down a step at work in march of 2009 I went to dr.that my companys workers comp sent me too I had a fractured fibula and ankle sprain . They did a MRI on my back at the time also The results were negative .I stayed at work on lite duty i went to PT andI had to stop going because it interfered with work I was never released by the dr.It is now January 2010, I have started having major pins in my lower leg and my foot is numb.I call the Dr and they said my case was still open .I went to the dr they order another MrI of my back and atest to run on my nerves in my lower leg .The dr office calledme and said W.C denied the MRI so i called them he told me that they had closed my case i was never released by the dr.Can they do this? MY Dr said they can not ! but I dont know what to do know I have called a lawyer and he said that we need to file a suite bc my year is almost up.I love my job snd the ppl i work for if I sue them then can they fire me.I dont know what to do i need help I am young and dont want my life to be put on hold for ever
1 Answer from Attorneys
Under the law, you cannot be fired for exercising your constitutional or other legal rights. But that is theory and if they want to fire you they can. Assuming they have WC insurance, then you are not hurting the company but only the "evil" insurance company. Unless the law has changed, your year does not begin to run until you are no longer being treated. But if you were ordered my a competent medical provider to continue PT and you stopped "because of work" that was not very smart. You need to sit with an established comp attorney and explain everything. You are not the first who loved his job and got hurt and does not want to jepardize his employment.