Workmans Comp and Modified Duty..question...

fredxx

Well-Known Member
Recently went on W/Comp..in April 2017..been to company docs and had an MRI which revealed a torn tendon in rotator cuff.. probably went to therapy for about 6-8 wks before the doc released me to Modified duty with a weight restriction of 15 lbs.(and NO pushing/ pulling/ lifting over head etc) My question is this has anyone out there been in the same situation? Since my release back to Modified Duty (alrdy been displaced since it's been over the 90 days ) i have an additional 90 days to find a position which i'm qualified to work(most jobs are too labor intensive requiring lifting of 70 lbs. )..unlikely since i'm still on M-duty...Or risk termination...If i'm terminated will i be able to get a settlement from Fedex? I'm probably going to have to hire a W-Comp attorney to see if this is even legal since i feel like their doc ( who i was sent ) released me even though i haven't recovered from the injury since i'm trying to avoid surgery if at all possible..i'm waiting to see if it could heal on it's own since the doc said it's possible but time will tell ..any info would be appreciated tia...
 

!Retired!

Well-Known Member
Google workers comp laws in your state (every state is different) and determine if they CAN release you. If you are in at 'at will' state, no research is needed....you can be let go.
 

MAKAVELI

Well-Known Member
Google workers comp laws in your state (every state is different) and determine if they CAN release you. If you are in at 'at will' state, no research is needed....you can be let go.
WC supersedes at will laws. Check your state WC laws for your rights and most importantly seek the advice from an attorney.
 

Swngdrvr

Well-Known Member
I've been out of work since last July with a shoulder injury. I've had 2 surgeries in that time period, but at first the doctor wanted to try to avoid it if possible. I was put on light duty(TRW) in September before my first surgery with a 10 pound lifting limit. I had my first surgery in October, second in April. I've been on a 5 pound weight limit since the first.

In North Carolina, unless you have any issues with doctors appointments, prescriptions, or getting paid, an attorney can't do a whole lot until after the doctor has released you fully. At that time the doctor will assign you a disability rating(unless everything heals like it was before, they don't have to pay anything if you get a 0% rating), and any settlement you get is determined by that rating IF you are able to go back to your previous job. If not, I was told the insurance company will do everything in their power to help you find a job that fits within your restrictions and as close to your previous pay as possible. At that point, you are entitled to a percentage of the difference between your new pay and previous pay, which could end up being a larger sum than just the rating settlement. I have not been fully released by my doctor as of yet. I saw him this week, he said probably about 6 more months at the most, so I cannot speak to exactly how that part of this works. **This is just for NC, I cannot speak to how accurate this is for wherever you live. Just thought I would tell you what I have found out.
 

fredxx

Well-Known Member
I'm in California and i plan on seeking advice from an attorney .. i"d like to find out if there's any way to stay on WC for more time to see if i'll need surgery say another 6-12 mos...since it's a tendon for the tear to heal it would probably take that amount of time...If not then i'm not sure if i'd be able to take another position since most are too labor intensive / and the pay rate probably less than the 15% pay cut i'd have to take..this is where i probably have to decide to be terminated or take a position paying much less....
Swingdrvr i had a question for you ...if you had it to do over (assuming your injury wasnt a complete tear and you had the option of not having the surgery would you still have it done??thanks for all replies...
 

Swngdrvr

Well-Known Member
The doctor shouldn't release you with the possibility of surgery still on the table. Not saying it won't happen, but it shouldn't. Depending if/what kind of settlement they were to offer you, you may not have the option of opening another claim if you end up needing surgery. You could get stuck paying out of pocket.

I had a partial labrum tear that the doctor found during the first surgery. The MRI didn't show it. He said it would heal itself, of course it got worse. During PT I started having bicep pain that wasn't there before. So it was fixed as part of my second surgery. I would absolutely have that surgery again. My issue is I still have the pain I had before my first surgery. I wouldn't wish what I've gone through on anyone.
 

fredxx

Well-Known Member
Jst to update ..I've been to a WC attorney he believes i will get a settlement but at the moment cant tell me a figure until the docs/ insurance cos. determine what % i'll be disabled..If i had to guess i'd say in the $30-$40K area...with future treatment...for those who may need this advice in the future AFTER talking to my attorney (as well as 2 other attorneys) all say once your 30 days is up with whoever your employer sends you to get the MPN list (and an attorney so they can advise u who they would choose since most of the time the attorney has some past dealing with that doc.) The reason being the docs your employer sends you to is generally biased wanting to get you back to work ASAP..Even though you may still have problems with the existing injury...
 
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