urgent workmans comp question?

Question

I had an independent medical exam and the doctor said I can go back to work with no restrictions but my doctor disagrees. I feel like I could start working soon but do not want to go back to the place I worked before, I was injured by one of the clients there and they have combative clients there and I don't want to be reinjured. They have cut me off my workmans comp and I am looking for work now where I wont get hurt. My question is if I quit the job where I was injured and never go back can I collect my vacation and sick pay? What rights do I have if I try to fight this through workmans comp? My lawer does not want me to quit my job, he wants me to go to court to fight this. Do I have to work at a place where I could be injured again very easily? I cannot afford to be without some money coming in. What should I do? I appreciate any input, I live in Minnesota.

Answer 1

Your attorney is the best person to advise you as far as your legal status on the case and the best way to preserve whatever legal claim you may have; however, keep in mind litigation and settlement can take months even if successful.

In most cases if in IMO doctor has certified you as being able to return to work, then the company is within there rights to terminate worker's comp. payments. Your attorney would be in the best position as to advise you of whether or not to actually return to work or try to fight a worker's comp. claim.

As your own doctor disagrees, you might want to discuss getting FMLA leave (which is unpaid leave) with your attorney and request any outstanding vacation and sick pay you have left while you are on this leave.

As far as quitting and getting vaction and sick pay, that would depend on what the policies are where you work as to what you would be entitled to.

If your company has disability insurance, you could also see about filing a claim for disability, but you would likely have to fight for it as the IMO physician certified you as able to return to work.

As it sounds like you have suffered emotional trauma as well as physical trauma, you might want to discuss with your lawyer heading to a mental healthcare professional tomorrow to find out if you are psychologically able to return to work.

As far as quitting vs. staying in order to possibly get a settlement/better settlement from your employer, that is a personal choice. I personally feel life it to short to spend the majority of your waking hours five days week being miserable and depending on how much I needed the money and how soon I needed the money as to what direction I would choose.