Legal Question in Workers Comp in Missouri

I broke my foot at work and was released by the doctor to return to work with restrictions of desk work only. Now I am being asked to do things beyond my doctor's restrictions. What should I do?


Asked on 8/02/09, 12:18 pm

2 Answers from Attorneys

Anthony Smith LawSmith

Politely inform your supervisor as to any specific tasks that you feel are beyond the restrictions. If they disagree, you may have to retrun to TTD and run the risk o fpossibly being terminated when ti is all over. I wish I could tell you that you are well protected, but the law has gaps right now. You may want to consult with your doctor as to a more specific limitations description. PErhaps the thngs that you think are beyond the limited restrictions definaiotn now being used, but not really such that woudl harm you or hinder your recovery. Some warehouse taks are less strenuous thant some "desk" tasks. Tell your doctor about the specific tasks that you are concerned about, and see if they are contraindicated for you, If they are, then tell your boss you can't do that task yet. If the doctor says they some are okay for you, then your problem is solved, as long as you agree with what the doctor says.

Good Luck

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Answered on 8/04/09, 3:42 pm
Michael R. Nack Michael R. Nack, Attorney at Law

You know that you have very specific legal rights under the worker's compensation law, but most people do not know what those rights are and the employer has no duty to explain them to you. I hope that you already have an attorney representing you, but if you don't I would strongly advise you to get one. Worker's compensation attorneys work on a contingency fee basis and do not get paid until the permanent partial disability claim is settled or paid after trial and perhaps appeal. If you have an attorney you should direct all of your questions to that attorney. If you don't have one, you may contact me at the office and I will refer you to one of the very best.

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Answered on 8/07/09, 12:29 am


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