Legal Question in Workers Comp in Missouri
Injured, never found problem, and released back to work
I am in the Laborer's Union. I was injured 6 months ago on the job and have been off work since. I started receiving Worker's Comp benefits and was sent to several doctors. This was an injury to my low back and right hip. Only one of the four doctors I have seen was helping, however he was taken off my case. There is a visible knot on my hip that none of the doctors, except the one, seem to be able to see. However, all the x-ray techs have commented on it. I am still in pain and no one knows what the problem is. About three weeks ago, workers' comp released me to go back to work 100%. Now my company seems to have no work for me. They do not return my calls. My problem is how can I do my job when I can't bend over to tie my shoes? And who do I turn to for help? Is my company required to hire me back? What are my options? My job is manual labor and all I wanted was to know what was wrong and have it fixed. If I can no longer do my job, I have no other trade.
1 Answer from Attorneys
Re: Injured, never found problem, and released back to work
You have a complicated case. In workers comp cases the employer cannot fire you just for filing a workers comp case. But when you are released by your doctor to return to work, if you cannot do the work due to yhour injuries the employer can terminate your employment.
In workers comp cases there is a term which is maximum medical improvement or MMI. This means that you are entitiled to be treated until you reach MMI. You reach MMI when the treatment no longer can make you any "better." Thus, you may continue to get treatment from your doctor but if the treatment is merely to lessen the pain or discomfort and is not making you any better then you have reached MMI. For example, the doctor may say that you have permanent injuries which means that they are not going to go away. But the doctor may also prescribe medication to lessen the pain - even though it will not make you "better." This is MMI and the employer does not have to pay for this continued treatment.
Also, as you know in workers compensation the emoloyer has the right to pick the doctor that will treat you. This allows many abuses of the system by unscrupulous insurance companies who are willing to find a doctor who says you have reached MMI and you can return to work and do not need any further treatment.
If you are still having problems and if you had a doctor who diagnosed your condition and knew what to do to help you then you can ask the insurance company to provide the treatment and to continue to provide you with medical care and pay you for your time off at your comp rate.
However, this is going to be a fight because the insurance company probably doses not want to provide any more treatment and does not really care. You wll habe to fight them to get the treatment you need. I would find a lawyer in your area who specializes in workers comp to assist you. But you will need to be patient becuse it is a long and difficult fight with an insurance company. Good Luck!
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