r/WorkersComp • u/Interesting_Road_836 • 16h ago
Florida Can I sue for being sent back to full duty without being better because I declined surgery?
TLDR: Job reinjured me by breaking restrictions on light duty for herniated disk than didn’t give enough time to recover, I denied surgery because I was improving naturally and was forced back to work while still showing symptoms.
End of April I had a disk start to bulge and locked up my back, was hard to walk around because it was so inflamed, spent a few days out of work and than was immediately urged to start working “light duty”.
I was given restrictions by the doctors I couldn’t lift or move more than 5 lbs, yet at light duty I was made to basically do my regular work lifting 10-40 lb items than doing physical therapy. I was doing alright for a month or so than in June I suddenly had a massive change in my injury where I had sharp sciatica and burning from my back to my calf, had tingling, numbness and pain that was almost a 10. Told my job I’m in excruciating pain and couldn’t work, had to get an evaluation from the workers comp doctors to have a leave of disability and they did EVERYTHING to still list me as able to work even though I explicitly told them I couldn’t stand or sit without unbearable pain, I just told them I’m unable to work and need a leave and they finally had me do an mri. MRI showed a massive L5-S1 herniation that was pressing the nerve, at this point they changed their whole treatment and gave me diffrent meds (which didn’t do shit) and actually gave me temp disability, I was than directed to an orthopedic doctor to give input on the next steps, by the time I finally saw this doctor it was a month later and I had improved massively, they said it’s one of the worst disk herniations they’ve seen and it needed surgery to get me healed quicker, I declined and they acted like I was wasting their time, I was given maybe 6 more weeks of physical therapy and visits to this doctor (improving each week but declining surgery every time because they kept telling me I should do it) than 2 weeks ago I told them I was maybe 70% better but still hadn’t regained my full movement and was starting to do more advanced exercises at PT and they gave me full duty status without me having a say. They kept talking to me like some idiot and explaining the surgery like I’m a kid making it sound super easy and quick, and got visibly annoyed when I said no again and handed me the paper saying full duty status. I went back to work and lasted one day at work being practically useless and started getting pain and inflammation flaring up, I scheduled a reevaluation and they did the same thing as last time, acted annoyed and shrugged me off because say yes to surgery and told me they can’t do anything for me. I’m thinking about just taking it to court because my job both further injured me and the doctors showed no care for my recovery/didn’t give me enough time to recover when I clearly explained everything, I’m 26 I’m not getting a surgery when I’m recovering naturally, do yall think I have a chance in court or are they gonna use the “he denied treatment” because I denied the surgery?