Workers' Compensation Discussion Forums

Injured back March 15th, 2009, Orthopedic Specalist wanted to take me off work on March 20th, however I asked that I at least try to go back and try.

He okayed with following restrictions, no lifting over 10 lbs, no sitting except as tolerated, no bending or stooping more than 1-33%, no repetetive tasks (upper body).

Ordered PT 3x weekly for 4 weeks, at evaluation Physical Therapist refused to do therapy as he felt it may do more harm than good.

Condition has gotten worse, not better, follow up appt w/ Ortho yesterday 4/1/09, takes me off work completely and wants MRI and some other test (waiting for those to be scheduled).

Today, Human Resources at my Employer has called like 5 times wanting me to come back to work, even if its just to sit there (told her I can't sit for 12 hours nor can I walk around the plant for 12 hours without being in severe pain, Her response "What do you do at home?")

She has called Orthopedic Specalist (Workers Comp Dr) office several times today to try and get me released back on light duty, and has even called and given me her cell # in case I can't get her at the plant!

My Employer has 380+ employees at the location where I work and several thousand nationwide, this HR person suspended an employee last week after they reported a job injury. Several months ago they fired a guy on my shift while he was out on Workers Comp after losing a finger at work. She has repeatedly managed to get tests' MRI's, etc.... denied for others who have been injured.

I don't know how to handle this. I don't feel capable of going there for 12 hours per day, even doing nothing. However, I know how she (HR Rep) is as well.

Any suggestions, and no, I don't have an Attorney.

What State is this in?

Oklahoma

You file a injury report and claim with the State.

I was injured on the job. What should I do?
Contact the Workers’ Compensation Court at 405-522-8760 or toll-free to request a Form 3 (Employees' First Notice of Accidental Injury and Claim for Compensation), or download a Form 3 from OWCC’s web site at http://www.owcc.state.ok.us.

http://www.ok.gov/odol/documents/WCFAQ20080717.pdf

Employment Law and Work Comp Laws are two different seperate Laws. Don't confuse the two.

Thanks for thae response Bad Boy----

I jave already filed the form 3, and have gotten the file stamped copy back in the mail.

I guess my major concern/ confusion is with them calling the Dr, trying to get me released ro come back on some type of duty and calling me all day to trying to get same thing accomplished.

Limbo-

Thanks for the advice. I have come to the conclusion, as bad as I hate the idea, that I probably do need to contact an attorney as it is obvious that my health is not my employers primary concern in this situation.

Again, thank you.

The employer and their Insurance are allowed to make contact with your Doctor. As they are paying the Bill for you to Recover. This is allowed by the Laws and Rules of Work Comp. HIPPA doesn't apply here neither for this reason.

If you can prove Harassment by the HR person, you would need to report it to a person higher up the chain then them.

You didn't say what kind of injury, and what the Doctor Diag you as having?

Bad Boy-

Its a Back/ Neck Injury, Possible Bulged Disk & or Herniation and Nerve Impingement.

Awaiting Employer authorization for MRI at this point, may be waiting for a while.

Have gone the light duty route, didn't help

Okay, it's only been a couple of days now since the MRI was ordered up. That you might know more on by next week.