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Can I do anything about them not honoring a doctors order?

I pulled something in my back at the gym. saw doctor and he gave me a light duty slip for no lifting or brnding. My employer did not honor the slip. Back got 1000 times worse. Went back to doctor again, gave me meds and another silp stating same and set appointment with specialist. Employer still did not honor doctors note. Went to specialist, took erays and MRI...Gave me another note for light duty..once again employeer did not honor...results came back and needed posible surgery...gave me another note....not honored again... back got worse, saw doctor and he said it should not have gotten worse and asked if my employer put me on light duty...told him NO...He called my HR Dept. then after all that 2 1/2 months later I was put on light duty but got so bad needed to have the surgery. Can I do anything about them not honoring a doctors order? Might not have needed surgery if I was first placed on light duty as doctor had ordered.

Update:

I gave my employer the note 3 times...refused to lift heave things..was told if i didnt then go home, not needed...they then had other people help me...

Update 2:

now my surgen told me i need to be out of work for 3 months at least...my employer will only honor the fmla which is only 60 days...was told if i do not go back to work by the 17th I will be replaced. is this right?

Update 3:

1st doctors visit showed only a sprain ... 3rd showed a rupture in l5 s1

6 Answers

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  • 1 decade ago
    Favorite Answer

    Yes of course. You can do a lot of things.

    You can quit. You can get another job. You could complain on YA if you wanted to. There are a multitude of things you can do. What do you want to do? What are you willing to do?

    The list is endless. What are you going to do. The choice is yours!

  • 1 decade ago

    The first thing an attorney, judge or jury will wonder is if your back was in such pain why you choose to lift something you knew you should not. An employer can say this is your job despite the note and you can always say I cannot do that you see the note.

    Then, if they fire you for not doing the job you refused to do because of a documented injury you have the option of suing for damages. But once you choose to do what they asked above your limitations repeatedly you made any such claim null. Because they will argue if you were so injured why did you agree to do that job instead of protesting and sitting down.

    Because, let's face it, you are a grown up. If you choose to do something you know will hurt your body despite the situation and unless they hold a gun to your head, you are responsible for the damage resulting from that action.

  • 1 decade ago

    check with a chiropractor to see if a realignment is good for you. They are not doctors and don't give medications but they will put your back back in place for you. Rest (just do light duty so it doesn't fall back out of place). It should take just a few appointments to get you going in the right direction. Doctors only know their specialty, realignments aren't their specialty. So set that appt with a chiropractor ASAP and stop missing work.

    First you need to take advil (to bring down the swelling because that's what's hurting and stop the medication from the doctor) after eating and then use cold packs on it. Don't exercise at the jym. You need for it to heal. You might not be able to go to the jym again (for exercising your back) if your injury was bad since heavy exercise will make it hurt and put it out again.

    Source(s): been there done that
  • 1 decade ago

    The employer did not honor the slip. You had a doctor's note and still did what you were told not to? If I was in the shoe when I returned to work I would have first shown the boss the slip. Here is where you'll find your answer. If you showed the slip and the boss told you to do heavy duty and you did it? Where you fired because you did the heavy duty even after you went to the doctor and showed the slip to the BOSS? Please don't forget, YOU KNEW, YOU HAD THE SLIP....

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  • 1 decade ago

    Your problem is that you did not follow doctors orders either. You could have refused to do heavy lifting. You did not. Thus you can be held at fault also. You were not injured at work but at a gym which started your back problem. Proving your work caused all subsequent problems is going to be difficult.

  • ANF
    Lv 7
    1 decade ago

    You could sue for compensation but your job might go in an instant. Then you could sue for wrongful dismissal. See a solicitor for advice. Go to a specialist in industrial law and preferably one that will take the case on a no win no fee basis.

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