Q: I currently have a workers comp claim against Terrell State Hospital for injury resulting in 3 herniated discs in lumbar
spine. I have been referred to a spine specialist but have not received an appointment yet. I have severe pain and am being pushed to return to light duty work which would involve auditing medical charts. I cannot walk more than about 500 yards with my walker before it is very painful, and I cannot sit for longer than an hour nor stand longer than around 5 minutes. I have many restrictions including no climbing turning twisting, lifting and turning, and I do not feel that even with such a minor job I can perform it without increasing and maybe damaging my spine further. Is there any legal recourse they can take against me if I refuse to work until after I have seen the spine specialist?
A: Your employer and the insurance carrier will go off of what your work restrictions are listed by your doctor. If your doctor says you can do sedentary work and you do not return to work, then your employer will likely fire you and you will not receive any off work benefits from the workers' compensation carrier. I suggest you get an attorney of your choice to protect your legal rights. This could be a serious situation you currently find yourself. Most workers' compensation attorneys will offer you advice over the phone if you choose not to hire an attorney. But, again, my advice would be to hire a workers' compensation attorney.
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