Legal Question in Workers Comp in North Carolina
workers comp work restrictions
My employer refuses to follow work restrictions set by their doctor in my workers comp case. What can I do to refuse without getting in trouble? Specifically, I am restricted to a desk type job 90% sedentary, sitting only 8 hours per day. They want me to stand 8 hours per day. Please help. Thanks.
2 Answers from Attorneys
Re: workers comp work restrictions
I think you really have several choices: 1) present the employer with your wk rests and ask if he has anything within the same. If not, go home and call workers' comp and hope they restart your TTD benefits; 2) same as above, but ignore your dr. rests. and keep working and hope for best; and/or 3) go to your treating physician, tell him or her what is going on, and maybe they will take you OOW altogether and carrier will restart benefits. There are probably other options, but these will get you started.
Hard to control your employer's response to you following dr orders and putting your own health above all else. You should speak with an experienced attorney in this area for more ideas/counsel. You should also make sure you have a Bulletin and Form 33 from the NC Industrial Commission, which you can link to from our site:ncworkcomp.com.
Good luck!
S. Neal Camak
Lennon & Camak, PLLC
Raleigh, NC
Re: workers comp work restrictions
Hard to answer without more info. It's a common situation. First, discuss it with the doctor. He can write you out of work entirely if the employer truly does not have a real job within your limitations. Second, start looking for other work within your limitations. Third, get a lawyer ASAP. Your case has reached the point where you may be dumped by the employer and left without income. Go to ncworkcomp.com, click on links, select Industrial Commission, then use their menu to find a board certified attorney in your area. Good luck!