Thousands of verified Experts are ready to answer your specific questions 24/7.
Satisfaction is guaranteed and you pay your Expert only if you are satisfied.
Just type your detailed question and click "Get an Answer."
In minutes you'll get a response from an Expert. You can always ask follow-up questions.
Happy with your answer? Just click "Accept" to pay your Expert.
If an employee is injured while at work and the boss does not follow the doctors orders for said injury IE: knee doesn't that employee have the right to force their boss to follow the doctors order to protect the injured body part and not worsen the injury untill released by the doctor?
State/Country of Question: Texas Already Tried: I have tried to hire various workams comp attorneys so far but to no avail.
HelloCustomerUnder the Texas Return to Work Program the doctor fills out the DWC 73 listing among other things what the limitations of the worker are. If the employer can accommodate the worker, then the worker must return to work. If on the other hand, the employer does not or cannot make a bona fide offer of employment that conforms to the worker's limitations as per the doctor's notes, then the employee must continue to receive the temporary income benefits until their injury is such that the employer can accommodate them. In your case, if the employer is making you a bona fide employment offer by offering you work that you can do within your limitations, then you should not be returning to work yet. You should be able to find a worker's compensation attorney to assist you. For the time being, call the WC insurance carrier and tell them that the employer cannot accommodate you as required under WC laws and ask them if you are still qualified for your Temporary Income Benefits. If no one is responsive, you can contact the Texas Department of Insurance (WC Division) and file a complaint.
Attorney
Licensed Atty, 25 yrs exp in the practice of law.
The doctor's orders were to work at a desk job only and to prop up the knee(light duty only). Boss put employee back to work imediatly at cash register (standing) and cleaning the lobby of the restraunt. then tried to not fill out WC Paperwork till 7 days after injury and withold employees paycheck and has basically fired employee. Employees is wondering what to do next?
HelloCustomerYou need to find an employment law attorney who represents employees and can represent you in a wrongful discharge suit. Based on the facts you have provided you appear to have a good case based on a couple of theories. One is that you were terminated because of your WC claim and the other that the employer did not make a bona fide offer of employment based on your physical limitations. If you haven't already done so, you need to make sure that you have filed everything necessary for your WC claim and keep pursuing that while you look for an attorney to represent you on the wrongful termination case. If you don't know of any attorneys, contact the Texas Bar Association Attorney Referral Office and ask for the names of 2 or 3 attorneys who practice in this area of the law.
Thank you very much I was beginning to run out of Avenues.
THIS ANSWER IS LOCKED!You can view this answer by clicking here to Register or Login and paying $3. If you've already paid for this answer, simply Login.