Q: I’m currently under labor code 4850 and it was due to injury at work. The doctors say they can’t do anything for me
The probation dept is pushing me to return I have pain still in my wrist and still attending therapy for my hand what should I do it has been an injury that has lingered barely went on the 4850 since June.
A:
In this situation you have three options.
1) Do nothing
2) Change Treating physicians to someone who has a different approach, perhaps switch from ortho to pain management or another physician who will give you a second opinion on treatment
3) Request a Panel QME for a medical legal evaluation and ask the QME to comment on proposed treatment or an alternative treatment plan
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A:
Under California law, while you're on Labor Code 4850, you are entitled to full salary for up to a year due to your work-related injury. If your doctor states that you are not ready to return to work, you should communicate this clearly to your employer. It’s important to provide them with updated medical reports that detail your ongoing pain and the need for continued therapy.
You should not feel pressured to return to work if your injury has not fully healed, especially if your medical provider advises against it. Your health and recovery are the priority, and your employer must consider this when assessing your situation. If you feel your employer is pushing you to return prematurely, it may be necessary to consult with your workers’ compensation attorney to protect your rights.
Document all interactions with your employer and medical professionals regarding your injury and recovery. This documentation can be crucial if there are disputes about your ability to return to work. Your well-being and adherence to medical advice should guide your decisions during this time.
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