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Sending me back to work when I can't do the job. Georgia

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  • Sending me back to work when I can't do the job. Georgia

    I am really confused and worried about the decisions of my workman's comp doctor and the workman's comp insurance worker that are trying to get me to go back to work. I cannot lift things and if I force myself to do it, I hurt for the rest of the day. The doctor has released me to go back to work, full release, and told me if I still hurt to call and set an appointment...but not withing in the first week. He wants me to go back and just try to do the work. I have been on workman's comp here in Georgia over a year and I still have pain and numbness and so many different types of pains in my thumb and forearm. I know I will not be able to do the work that they are telling me to go do. I can't even ride my motorcycle without pain or lift a plastic grocery sack with my right hand. I have adjusted my carrying techniques to incorporate not using my thumb or using my left hand in this past year. I have recently tried to use my right thumb more in the past few weeks and the pain stays until I finally fall asleep at night, I also have noticed numbness in the tip of the thumb when I try to use it regularly. I am in pain right now just typing. It tires my whole arm after using it and I just don't know what to do.

    If I go back to work and stay over 5 days ....will this void my workman's comp or is this procedure to see if I can at least try it? I had been released to go back light duty months and months ago but my company said they do not have light duty at all. PLEASE help. Should I get an attorney at this point?
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  • #2
    You should have had a worker's comp attorney long ago. Start calling attorneys tomorrow.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Originally posted by Pattymd View Post
      You should have had a worker's comp attorney long ago. Start calling attorneys tomorrow.
      Agreed! Also, start gathering everything you have from the doctor, employer and insurance company.
      Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

      I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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      • #4
        It would help you understand the comp system if you'd spend some time reading the rules/statutes etc here http://sbwc.georgia.gov/portal/site/SBWC/

        The suggestion to consult with a comp attorney is a good one.

        WC is a system that defines the benefits your employER and/or WC carrier are liable for due to your injury.

        "Pain" in and of itself is not a disability, or sufficient reason to keep you off work. The goal of WC is a return to functional restoration, and gainful employment. As soon as your condition is stable, or MMI/Max Medical Improvement has been reached, it is expected that you will return to work. Whether that is pre injury ER or not doesn't matter. It's in your best interests to return to your job sooner than later.

        When your Dr feels you have reached MMI, and there are still physical limitations to your job duties, those restrictions should be spelled out for you.
        You should not have to wait out any length of time to return to your Dr is you cannot perform your job within any of those restrictions.
        If your ER cannot provide a light duty job status...you should be returned to TTD.

        If you are not happy with the Dr you have, or wish a second opinion, request that change through the CA/Claims Adjuster.
        The EE/IW handbook is here http://www.files.georgia.gov/SBWC/Fi...e_handbook.pdf, you'll note that IF you are released to return to work by your Dr, and you refuse to make that attempt, you could lose your WC benefits. #7 pg 4.

        Consultation with an attorney is free, there won't be a fee unless there is a award of indemnity due to your injury. IMHO...I would not use a attorney from a TV ad, or highway billboard. WC is a volume business for the parties involved... fee schedules are traditionally low and a ''mill'' won't provide the personal attention a IW needs in their representation.

        Good luck to you. Follow the attorneys advice.

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