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Can my doctor order me not to work, when I want to and am able to work?
Anonymous7 views5 answers
I received a finger injury while on the job. I've continued work and was put on light duty. It's been healing well, I'm not in much pain, and the workmans comp is nothing to what I make. Been working with injury for about a month now and have to see doctor and physical therapists again soon.
tephen Laurence HoffmanPersonal Injury LawyerChicago, IL ·
Of course he can. In his MEDICAL opinion, you shouldn't work. In your PERSONAL opinion, you WANT to work. That does not mean you are medically able, or that it is medically advisable to work.
I strongly suggest you follow doctor's orders.
Since you posted this under workers' compensation, I assume you were injured while working. You have a workers'' compensation case. People who do not hire lawyers in these cheat themselves. Studies show that lawyers get injured workers far more than they get on their own and that is after fees (a mere 20%) are deducted. Plus, insurers put non-represented people in a special category of claims, meaning you get even less service, attention, and money.
You really need to follow your doctor's orders. If your TTD is so different from you regular net pay, either you were working a lot of voluntary overtime which is not allowed while you are on light duty or your TTD rate was NOT properly calculated.
For Illinois Workers' Compensation claims, you will ALWAYS cheat yourself if your do not hire experienced counsel. You will have someone to guide you through the process AND when it is time to settle, an attorney can add value to your case IN EXCESS of his fee. So, you have fewer headaches AND you get more money. It really is a no-brainer.
You can find an experienced Workers' Compensation attorney here on . Attorneys on want to help you but we are not permitted to solicit your business. You must contact us. Good luck.
Your doctor can certainly opine that you should not work even if you think you can. I agree that you should follow his advice. I realize it is difficult to be off work getting only 2/3 of your pay, but it should only be a short time before you are released to light duty at least or even full duty (unless your finger injury is very serious). You want to be sure to comply with doctor's orders. He has your best interests in mind and you want to be sure your injury does not get worse.
Soon enough you will be back to work. If your finger injury is serious and requiring you to be off work, I would recommend you consult with an attorney as you have rights to pursue a settlement for the permanency of your injury at the conclusion of your medical treatment. Any workers' compensation attorney will offer a FREE consultation and you pay nothing - the attorneys fee is simply a percentage of what he/she can obtain for you by way of settlement. I highly recommend seeking the assistance of an attorney and obtaining the benefits you are entitled to. The insurance company will likely not offer you anything close what is fair.
Good luck,
Both my esteemed colleges are absolutely correct. That being said there is nothing to say you can't advocate for an appropriate light duty return to work from your doctor ,you should also discuss your economic concerns with him don't be afraid to speak to your treating doctor, but don't make demands. Above all remain compliment with the medical advice of your doctor. It wouldn't be a bad idea to get a good workers comp lawyer on our side now to answer these and other questions you will have in the future.
I may be misunderstanding, but, if the doctor already put you on light duty, why are you concerned he or she may take you completely off work at the next appointment? However, if you were already ordered off work by the doctor and just disregarding those directives, I agree with the answers of my colleagues. It may be that you feel fine, but your work place exposes you to a risk of infection (assuming open would/healing wound and unsanitary work environment) which may make your injury even worse and then your failure to follow medical advice can really bite you. There is this provision in the Act that says the following: "If any employee shall persist in insanitary or injurious practices which tend to either imperil or retard his recovery or shall refuse to submit to such medical, surgical, or hospital treatment as is reasonably essential to promote his recovery, the Commission may, in its discretion, reduce or suspend the compensation of any such injured employee. "
Please talk to a lawyer in your area and give him or her more information so they can properly advise you. I hope this helps.