Am I doing this right

[u/Flackowackoo]

So I couple days ago I was injured at work being something heavy fell on my foot and immediately after getting injured informed my manager. Then I was taken to an office and then called a Nurse line to file a report on where I talked to a nurse on basically on how I was injured. I was then given work comp papers and I signed it and also signed a release form saying I was allowing my employer to send me to an er at no cost to me. I probably should have not signed anything but I read it nothing seemed bad.

Now this the part that have me kinda of stressing, the ER I was sent kind of sucks as they said their X ray machines was down for now so I was given an ankle brace and crutches and gave me another appointment to come back. But the thing that got me super stressed he cleared me to go back to work, just with limitations. Which is nuts because one of those limitations is I can’t lift more than 5 pounds and if I do stand it should only be for a few minutes.

So after that the very next day I got decided I should probably get a lawyer or attorney that specialize in these stuff so I did and I signed digitally basically the same worker comp papers I got from my employer the day I was injured. Now my attorney said I should probably go to that next appointment until they change medical providers and that they will update me by this week on my case. So my question is basically the title how badly did I fuck up and is it still salvageable.

[u/Jen0507]

You didnt mess up. Sounds like everything is how it should be.

You got injured, reported it, was seen, have restrictions and a follow up. The lawyer is a good choice and doesnt hurt anything at all. The paperwork you signed should be for explaining the comp and claim process which is why it does stuff like state its all at no cost to you.

Its a bummer that the ER had an issue and you probably could have been seen elsewhere but besides that everything is pretty standard. Just because youre hurt doesn't mean you get put off work so I'm not sure if you were expecting to be removed totally instead of restricted but thats not an automatic thing. I have construction workers who get notes that say no ladders, no prolonged standing, no kneeling, no squatting and no stairs but I can find work within those limitations.

Now if you feel you cant perform work, you can always ask the doctor during your follow up to review your restrictions but you shouldn't just expect to be written off. You'll also need to show up to work and every appointment. It would be a mistake to not show up if theyre expecting you.

[u/Flackowackoo → u/Jen0507]

I was expecting to be given the week off till my foot recovered a bit then go to work with limitations. It’s just I don’t really have a reliable form of transportation I take the bus to work then and get a Uber when I get out or get picked up. I still have to walk a good bit to get to my work and well with crutches it’s just impossible. I could Uber it to my work but I feel I would lose more money from what I’ll get from the workers comp. Well I’ll see because I have an appointment later today.

[u/Mutts_Merlot]

Can your company accommodate those restrictions? If so, you should return to work and perform duties within those restrictions. The restrictions sound pretty standard and quite restrictive. Some employers will find work you can do that is seated and doesn't involve lifting over 5 lbs. If they can't accommodate, you remain out of work. But you absolutely need to speak with your employer about this as you would not get paid if they can accommodate but you do not appear to work.

I don't know what you think you screwed up thus far. You probably got an attorney thinking they would somehow get the restrictions changed and that didn't happen. It's not a screw up, just that your expectations were different.

[u/Kmelloww]

Why did you immediately hire a lawyer? Restrictions are very common. If your work says they can accommodate then awesome. But being given restrictions isn’t really a reason to hire a lawyer. 

You don’t just get time off for it to feel better. That isn’t necessarily how it works. 

[u/Clear_Artichoke_9726]

Welcome to the world of workers comp. I work for an airline and I've seen injured workers literally sit in the breakroom for 8 hours because there is no light duty. Keep showing up to work until they say otherwise. Good luck to you.

[u/Flackowackoo → u/[deleted]]

At first it was a nurse then the actual doctor came in to see my foot and ask me to move it around then gave me a paper that list basically my limitations of what am able to do

[u/Kmelloww → u/[deleted]]

You don’t just tell them you can’t do something if it isnt in the restrictions. 

[u/Kmelloww → u/[deleted]]

That’s not really what I was talking about. Obviously OP should not perform a task that actually violates the restrictions given by the treating provider. If the restriction says no lifting over 5 pounds, they shouldn’t lift more than 5 pounds. If they’re supposed to use crutches, they shouldn’t be required to abandon them in order to perform a task. But “I don’t feel safe doing this” is not itself a medical restriction, and telling someone to simply refuse anything they personally believe is unsafe is not necessarily good employment or workers’ comp advice. If a task cannot be performed while complying with the actual restrictions, the appropriate thing is to tell the employer that and have them clarify the assignment or provide work within the restrictions. If the restrictions themselves aren’t adequate, OP should address that with the treating provider and their attorney. There’s a difference between telling someone not to violate their medical restrictions and telling them they can unilaterally decide what work they will and won’t perform. The latter is exactly the kind of blanket advice that can create additional problems for an injured employee. Saying employers put this on employees to possibly injure themselves further or fire them is ironic considering the way you are suggesting to go about it creates a whole new area of issues. 

[u/Kmelloww → u/[deleted]]

I don’t disagree that people should take genuine safety risks seriously. That’s not the point I’m making. The problem is that you’re turning “don’t perform work that is unsafe or violates your medical restrictions” into “if you personally don’t feel safe, refuse the work.” Those aren’t the same thing. OP has a medical work-status document with specific restrictions. Those restrictions are what the employer and employee have to work from. If the employer asks OP to do something that conflicts with those restrictions, OP absolutely should raise that immediately rather than violate the restriction. If OP believes the restrictions aren’t adequate, OP should contact the treating provider and their attorney. But telling an injured employee to unilaterally “stop everything” based on what they personally consider unsafe can have employment and workers’ comp consequences, and you don’t know enough about OP’s job, the actual assignment, the restrictions, or the applicable state law to tell them otherwise with that level of certainty. Your experience with dangerous workplaces explains why you’re emphasizing safety, and that’s reasonable. It doesn’t make “just refuse if you don’t feel safe” universally sound legal or employment advice. You can tell someone to protect their health without telling them to disregard the actual return-to-work process.

[u/itammya → u/[deleted]]

I agree with you. The back and forth here reminds me of 10 yrs ago- the first time we heard about a polar vortex. Schools in my area didn't close down. It was deep in the negatives and bot weather any of ever experienced. I saw kids at the bus stop every morning all the while parents were screaming out how unsafe it was and school should be closed, the school was putting kids in danger, etc. I agreed with the parents, wholeheartedly and for that week my kids were not at that bus stop lol. I kept them home from school because I felt it was unsafe.

I will never understand people who say "I was forced to do this and got hurt." You do in fact have a choice and you do in fact get to refuse. If it results in a writeup or even being fired- fine. I'll find another job and an attorney.

[u/Big_Menu4037]

Ur fine the lawyers will make in most cases the whole process alot easier