Legal Question in Workers Comp in Minnesota

Re-injury after workers comp surgery

I was forced by my boss to return to work before completely healed after surgery, or be terminated. My doctor gave VERY strict limits, but they were exceeded (and approved by occ health before I returned to work) But on the second day back to work I was injured badly, and subsequently am scheduled to have another, more complicated surgery to repair damage done. I applied to over 100 jobs at the same employer after my initial FCE was done, but after being hired, had the offer rescinded, even though it was a different job, that I could do with only a brace to my hand as the only accomodation. I was lied to and told that ALL transferring employees had to have the exam, but NO ONE who has transferred has had to undergo an exam; even another injured worker

with an FCE. I will be having the second surgery next Friday. It is unknown what my permanent disability will be after this next surgery. Do I have recourse against my employer for 1) the second injury for them not knowing that I was exceeding Dr. restrictions and 2) for denying me employment I could have done without having the second surgery?

Asked on 9/18/08, 7:03 pm

2 Answers from Attorneys

Donald Kohler Donald W. Kohler, Attorney at Law

Re: Re-injury after workers comp surgery

You need to contact an attorney to discuss possible options in district court and/or through the workers' compensation system.

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Answered on 9/19/08, 2:10 pm
J. Chris Carpenter Harvey and Carpenter

Re: Re-injury after workers comp surgery

Workers comp is very complex and provides only limited benefits. You should call a lawyer in your area that handles work comp. I would be happy to talk to you. I practice in Southern Minnesota.

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Answered on 9/22/08, 10:25 am

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