Legal Question in Workers Comp in Kentucky

Hurt on the job, then asked to work against Doctors orders

I work for a large delivery service. In sept, 1998, I sprained my ankle on the job. I was on light duty a couple of months. My doctor released me, and I went back to work. My ankle continued to ache, and swell. I told my manager of this, but continued to work. Then in May, I sprained the ankle again on the job. This time the sprain wasn't as bad, but it is taking longer to heal. My doctor has me on light duty, with restrictions on me standing, and carrying things. Still, my company has me help to load my truck, stand at times for well over an hour,and drive almost everyday. The last couple of weeks I've been working more than 21 hours a week, which I'm not s'posed to do since I'm on light duty. I have complained about my ankle to my manager, but haven't told them I can't do the tasks they ask me to do that go against my doctors orders, and the companies' rules. My ankle over the past week has gotten worse. I feel I have not been treated fairly by my employer, but am not sure if I should seek legal help for fear of losing my job, or being ostracized. Considering that I haven't refused to do any of the work they've asked me to do, I would like to know what to expect if I obtain a lawyers help.


Asked on 7/22/99, 2:07 am

1 Answer from Attorneys
Joseph Spingola Joseph J. Spingola - Attorney at Law

Re: Hurt on the job, then asked to work against Doctors orders

I'm an attorney in Illinois but I will try to help you. First, you should consult a lawyer in your state who is familiar with Work Comp. Even if you don't file a case, he can tell you how you might be treated. But you can't complain for how you are being treated when you don't know your rights. The insurance companies count on your fear of retaliation to reduce their costs and save money, all at your expense. You can also tell your doctor of your current problems and that the company is not following his orders. (I hope you have delivered a copy of the doctor's order for light duty to your employer. They are not mind readers.) If you do, your doctor may put you off work completely. Also,if you are in a union, you can have the union intercede for you. But all of these require you to speak up for yourself. It doesn't sound like you are willing to do that. If you don't you will be treated as you are being treated. You must assert your rights in order to get your rights. Good Luck.

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Answered on 7/22/99, 7:13 pm


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