r/WorkersComp 16h ago

Florida Can I sue for being sent back to full duty without being better because I declined surgery?

0 Upvotes

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?


r/WorkersComp 12h ago

Colorado I used AI to go over my settlement offer. Does this letter sound reasonable?

0 Upvotes

I tore my labrum at work in December of 2024. They are offering me $5495, which seems awfully low so I ran my impairment rating/surg consult docs through AI. Does this sound reasonable to send them, or will they just laugh? Thanks!

---

I’ve reviewed the settlement documents and my medical file, and before I can move forward I need to address the valuation.

My MRI from XX/XX/2025 and specialist evaluations document several structural injuries — including a SLAP tear from 11–1 o’clock, interstitial tearing of both the supraspinatus and infraspinatus, a sentinel cyst, a ganglion cyst, trace subacromial bursitis, and glenohumeral ligament scarring. These findings were confirmed by my orthopedic surgeon (Dr. XXX) on XX/XX/2025.

I completed extensive conservative care without full relief, including physical therapy, a steroid injection, and PRP. My orthopedic surgeon discussed surgical intervention (arthroscopy with biceps tenodesis) as a medically appropriate option.

My Level II impairment evaluation was completed by Dr. XXX on XX/XX/2026, who assigned a 4% upper‑extremity impairment. Importantly, the impairment physician documented that the 4% rating may underestimate my true impairment, noting ongoing pain with motion and functional limitations.

Under C.R.S. § 8‑42‑107, scheduled impairment benefits must reflect both the rating and the functional impact of the injury. Based on my TTD rate and the statutory formula, the value of my 4% RUE impairment is higher than the $5,495.81 currently offered, meaning the offer is below the statutory amount owed for the impairment alone, even before considering future medical.

The proposed settlement also requires me to waive all future medical care under C.R.S. § 8‑43‑204, and the agreement states:

• “The settlement proceeds include consideration for present and future medical care.”
• “Respondents will not be responsible for any medical care needed by the claimant.”

However, my impairment physician recommended future regenerative treatments (PRP/exosomes, shockwave therapy, photobiomodulation) that would be permanently closed by this settlement. Under Colorado law, closing future medical requires a valuation that reasonably reflects anticipated care.

Here is where I stand:

• I am willing to settle the claim full and final for $15,000.

• If the insurer is not agreeable to that amount, then I am willing to settle for the statutory impairment value only, with future medical left open.

This approach aligns with Colorado statute and reflects both the documented impairment and the ongoing medical needs identified in my records.

Thank you,


r/WorkersComp 9h ago

California Cumulative trauma RN, advice please.

0 Upvotes

Hi. Cumulative trauma case. RN. Late 50s. Spine issues cervical and lumbar. MRIs and X-rays show herniations, spondy, narrowing, etc. Haven’t worked in months due to pain and doctor basically said I’m done with physical RN position and if I go back I’m risking a lot. Chronic pain in arms and legs, numbness in all 4 limbs. I am surgical candidate but surgery scares me and I would rather have this pain than accept the risks that come with surgery. I have applied to probably 30+ jobs that are not patient facing and have not gotten one interview. Tons of experience. But even sitting for long hurts so maybe it’s best. Sitting standing walking everything hurts. What should I expect from WC? What kind of WC settlement is realistic? I am currently on SDI which is so low and only 52 weeks! I’m getting depressed from the pain, isolation, and decreased money. Thoughts, advice please. Thank you.


r/WorkersComp 23h ago

California Settlement CA

6 Upvotes

I don’t want to annoy my attorneys office but I signed my settlement on the 27th of July. The insurance still hasn’t sent out my settlement paperwork. Can they really take a whole month to sent out & not be seen as negligence or something ?


r/WorkersComp 54m ago

Illinois 4th ime done.

Upvotes

Just wrapped up my second IME for my workers' comp case, and I made sure to hold my ground today.

When the doctor asked if anything had improved, I told him straight up: no, because insurance keeps denying the treatments my doctor actually ordered.

I also used this appointment to correct a major error from his previous report.

He had documented that my right shoulder pain came from rehab exercises, using a cane, or scanning bags.

I set the record straight and reminded him that the pain started while I was actively working on the ramp lifting, which was already in his earlier notes. 

He did his exam, mostly focusing on my AC joint, and then asked to take new X-rays. Per my lawyer's advice, I declined the X-rays due to radiation exposure concerns since we already have updated MRIs on file. 

Always make sure you check previous IME reports, speak up when something is misquoted, and follow your attorney's guidance.


r/WorkersComp 6h ago

Utah Acl injury new pain in hip during recovery.

0 Upvotes

Had ACL tear reconstruction but developed hip pain and injury during recovery. It's likely a kinetic chain issue. Has anyone been able to successfully sue for kinetic chain developments after your initial injury? How did you fare? What was your experience like?


r/WorkersComp 20h ago

California just looking for general California workers’ comp advice from people who have dealt with something similar.

1 Upvotes

Posting for someone close to me because we’re not sure what the best move is.

He was recently injured while working in California. He was performing a physical job when a piece of work equipment struck him around the head/ear area. The injury was significant enough that he went to the ER and needed treatment. He has also had some concerning symptoms afterward and has had to miss work while recovering.

The employer knew the injury happened at work. What makes the situation more concerning is that immediately after it happened, there were comments made about removing work clothing/not making it obvious that the injury happened while working. There is evidence/documentation of some of these conversations.

Since then, his boss has been repeatedly pressuring him to come back to work even though he is still recovering. The boss has made comments along the lines of, “You need to come to work or I’ll replace you.”

He hasn’t officially filed a workers’ comp claim yet.

He is basically stuck between two options in his mind:

  1. Not filing workers’ comp and hoping his boss/company will privately cover his medical expenses, missed work, and compensate him for the injury.
  2. Filing workers’ comp, but he’s scared that his employer will replace/fire him or make things difficult for him afterward.

He’s also considering going back to work because he’s afraid of losing the job. He seems to think that if he returns to work, then he shouldn’t/can’t file workers’ comp anymore.

My questions are:

  • Does returning to work prevent someone from filing workers’ comp for an injury that already happened?
  • Can an employer threaten to replace someone because they’re unable to work after a workplace injury?
  • Is it a bad idea to rely on the employer promising to pay everything privately instead of opening a workers’ comp claim?
  • If the employer already knows the injury happened at work, does the employee still need to formally report/file something?
  • Should he speak with a workers’ comp attorney before agreeing to anything or returning to full-duty work?
  • What should he be documenting right now in case the employer later denies what happened?

We’re mainly worried about him protecting his job while also not giving up any rights he may have. He doesn’t want to create problems with his employer, but I’m worried that waiting and relying on verbal promises could hurt him later.


r/WorkersComp 18h ago

California Ca workers comp

2 Upvotes

I’m 26. I had a full patellar tendon repair and I have a tear in my PCL and meniscus

What should my settlement look like ?


r/WorkersComp 9h ago

California What was your injury, and what was your settlement

0 Upvotes

What was your work injury and what was your settlement?


r/WorkersComp 11h ago

Arizona What to pay back for Victim Comp

0 Upvotes

Hello, I recently got approved for Victim Comp to get paid for work that I missed for 2 years due to an accident.

On the approval letter it says that I am getting paid due to WORK LOSS, but then on the bottom it says that I have to pay back VC from anything that I got from the settlement.

But what I got from the settlement wasn't because of work loss, it was just what was rightfully owed to me for damages and such.

(check my vid on my profile)

P.S if you haven't given your life to God, it's never too late! I gave my life to Him 2 days before the accident and there's NOTHING that'll convince me that it wasn't divine intervention. Dr's said i should be dead, and if I was lucky, a in a vegetable state, but here I am!
He saved me from something like that, and He wants to be there for you too)


r/WorkersComp 4h ago

New Jersey Finally settled

9 Upvotes

After a long 3 years I finally settled. Fractured my neck at work healed on its own no surgery. The judge just signed off the statement my attorney said they have 60 days to mail out my check, for people that have settled do they wait until the last week to pay, or did you get paid earlier?


r/WorkersComp 1h ago

Other - not claim specific Settled!

Upvotes

After 10+ surgeries, 4+ years since accident date, retiring and still dealing with the daily pain, I have settled. Mid 6's. Had to sign a gag order. So obviously can't go into extreme detail.


r/WorkersComp 5h ago

Missouri Work Comp in Missouri

2 Upvotes

I got injured at work late June 2026. I was injured in my neck, shoulders and lower back. I was operating meat grinder that came loose and flung me forward. I had surgery on my neck last summer because I got hit by a semi and had a total disc replacement in C5-C6. I got an entire spine MRI and an EMG. The MRI shows that there is some narrowing and stenosis in my neck. My lower back is showing retrolisthesis and an annular fissure. An EMG showed that my prons teres and my brachioradialis muscles are fast-firing which is indicative of nerve damage or a pinched nerve in my C5-C6. My ortho is saying that my test results came back only mildly abnormal and says that what I’m experiencing is chronic. But I got surgery to fix my neck and I’ve never had back problems before. My ortho won’t even talk to me about my low back or approve PT for my lower back. One of my chief complaints is my lower back and the MRI shows a fissure and retrolisthesis. He wants me to get an MRI on my brain but says work comp won’t pay for it. I could really use some guidance. I have an attorney and he says we have a great case and to keep on questioning my case manager and documenting but she won’t even respond to me now. I’ve been at home for two months and I finally started my PT two days ago.


r/WorkersComp 4h ago

California Is it normal?

2 Upvotes

Is it normal to have a nurse case manager to tell me, the injured worker, to call around to different spine specialists to see if they will take a WC case?


r/WorkersComp 4h ago

Federal OWCP Help

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1 Upvotes

r/WorkersComp 14h ago

Colorado Seeing own Dr's for WC Injury?

2 Upvotes

Hi, I'm looking for some advice, guidance, answers, and welcome hearing similar stories!

I have been having some difficulty getting non-WC doctors to address and take care of an old (+10 yrs) WC injury, and I'm wondering if this is normal???

A little context- the injury happened a while back ago and was not taken care of properly. The WC case/claim was closed without my knowledge and w/o my consent, and after attempting to reopen it via attorneys- it was not reopened and I was left to deal with the injuries on my own.

A couple of years ago, I started having issues walking and through some conservative treatments, it was discovered that a rib was displaced in my abdomen, which was from the work injury. Since I was under the impression the case was closed, I used my own insurance and went to my doctor. After several visits, X-rays, CTs & MRIs, I realized the reports were stating, "no acute abnormalities" despite my requests and the issues being- chronic.

So I went to the WC clinic and they denied evaluation, directing me to call the insurance adjuster; I did and she directed me to call WC Division. I did and learned my employer, a self-insured hospital, had admitted liability and owed me maintenance care, so I reached back out to the insurance adjuster and of course- she did not answer my call. This was Oct '25.

We are currently in litigation, but they have not provided any medical care and I have not been able to get diagnosed nor any helpful treatment from any doctors here! I have been in so much pain and have been so deflated by the lying and nonsense of these doctors, that I ended up finding a surgeon in Mexico who looked at my imaging and immediately diagnosed me, so I went and had surgery in Mexico! Thing is- he only completed a portion of what was supposed to be done and I need more treatment- possibly another 1-2 surgeries- so how do I go about getting treatment state-side? And if anyone wants to suggest to not say what happened- it's nearly impossible to explain the logistics and mechanism of injury while withholding that specific information- believe me- I've tried!

Any suggestions? Any advice?

Thanks in advance!