My employer does not have a job for me while I am under doctor’s care, can I find a job somewhere else?
by Bernard D. Nomberg, Partner, The Nomberg Law Firm
This is a very common situation that arises particularly when the injured worker has a labor-intensive job but the authorized treating physician has not released him back to work in that same capacity.
Often there are lifting limitations imposed when a worker has injured their back. Once the doctor has released the injured worker back into the workforce and assigns limitations, it can cause a financial strain on that injured worker because the injured worker feels the need for a continual check coming in to help provide for the family. This occurs because by operation of law once the injured worker reaches maximum medical improvement the weekly workers’ compensation checks will stop and the employer has not rehired them to return to the same employment. That is not to say the employer does this every time; it is fact-specific to each case. Often the employer can accommodate the return to work restrictions.
Typically our advice is that whatever new employment the injured worker finds it should be within the parameters of the authorized treating physician’s recommendations. This way, the injured worker can get some money coming in and remain credible if he or she is called upon to testify later on in litigation. Additionally by getting a job within the doctor’s restrictions it does not expose the injured worker to potential further injury by doing something that they should not be doing.
While every case is fact-specific, if you have questions or concerns about a similar issue or set of circumstances please contact us at (205 930-6900.
The Nomberg Law Firm has been representing the working men and women of Alabama since 1967. We represent injured workers throughout Alabama. If you have questions about workers’ compensation benefits or on the job accidents, please contact our experienced workers’ compensation attorneys today.
* The double cheeseburger picture has nothing really to do with this article. However, today is National Double Cheeseburger day so we thought we would celebrate.
Bernard D. Nomberg has practiced law in Alabama for more than 20 years. Bernard has earned an AV rating from Martindale-Hubbell’s peer-review rating. He has been selected a Super Lawyer by Super Lawyers Magazine as well as a Top Rated Attorney by B-Metro Magazine.