Can I be fired if my dr says no work,but company dr. says lite-duty if I dont go to work?Back inj. on the job.
I got hit in the back by a 100 pound object from behind while at work. My dr. says no work for a week. Company dr. says lite-duty for a week. I can't work because the injury was serious. The company is trying to make me work while injured. They have workers comp, but dont want me to get it. So they sent a false report to the insurance co. Now they are trying to fire me. can they do that?
Answers:
i have never drawn workers comp - but it seems that u would make more if you worked -- if the company is willing to pay you for lite work which i take to mean answering phones, sorting papers etc i think you would jump (no pun intended) at the chance. if you went to court it would be a case of which doctor was the most believe able.. i would be very very very careful about stating they are filing false reports. but back to the question yes you can be fire -- do you have recourse -- talk to your union rep or your lawyer.
NO. They cannot fire you. Send your doctor's note to the insurance company, and send a copy to your local L&I office and tell them what they are doing. If they fire you, L&I can help you file suit against them.
Normally under Workman's comp, you agree to go to the doctor that they choose for service. If he says that you can do light duty, then they will expect you to be there. If you can go to work and at least sit around and meet their request, you will be better off. However, if you are truly in so much pain that you can't work, and not just using your doctor's statement as a reason not to work, then you would effectively have no choice but to follow your doctor's orders and stay out of work, and fight for your rights. However, at that point, you better be hurting enough to justify the battle you are about to start with your employer. Remember that it is very easy for your doctor to choose the easiest path for you to recuperate, and that he will normally lean to the conservative side. Their doctor, on the other hand, will typically lean toward the employer's. Again, if you can go to work, even in pain, and suffer through a few days of pain, it may be your best bet rather than the months or even years of hassle that may occur if you stay out.
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