I returned to work after an injury without a doctors release, the injury is worse. Can i collect workers comp?
The injury was work related. Since my return, the injury has become worse and I am being faced with a demotion. My employer knew that I did not have a drs. release. At the time of injury, it was not treated as work related, but the dr is saying that it actually is work related.
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Your employer is also at fault for not requiring a doctor’s release. I think that you need to contact the local EEOC office to clarify. You may or may not be entitled for worker’s comp. Also, your employer cannot demote you based on the injury alone, unless you are unable to fulfill the job requirements. That would require pages and pages of documentation. You have some protection, but there is no guarantee your case can win. Good Luck.
A good question. after you have already been gone on leave for an injury, and you return. You can file workers comp. However, the 24 hour deadline has passed. Generally, depending on the state you live in, a workers comp must be filed withing 24 hours if not immediately in order to receive benefits.
not only can you collect workmans comp, your employer could get into a lot of trouble for knowingly letting you work without the doctors approval!!!!!
Every state has a statute of limitations for filing a claim. That
applies to the EmployEE/injured worker, and the Dr who treats the
injury. File the first report of injury with your employER, the ER
is responsible for providing treatment, and filing a claim with
their insurance carrier/IC. There are more than one issue here…
but file the claim for benefits and deal with each item as it
arises. You did not provide your state, and WC is state
specific…You can find your state comp site here
http://www.wcc.state.ct.us/links/oth-link.htm. It would be a good idea if
you were to make yoursself familiar with what benefits are avaiable
and what is not. Read…