If you were not able to specify when the injury occurred and did not get workers compensation, then I am afraid you really have nobody to sue. You cannot sue an employer for injury other than in workers compensation. Your employer has a right to insist that an employee is fully capable of returning to work before returning to work, which means you need the clearance from your doctor for that. You really have nobody to sue for this. It is an injury that occurred over time and you did not pursue the workers comp claim and that was your only recourse since had you pursued that claim and received workers comp, then you could have received disabilty pay under workers comp for not being able to work.

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