[hotrod 38]

hi everyone im new on here my name is rod.i am hoping someone can give me some advice this is kinda long.i was injured on the job and hurt my neck and my shoulder.it took 6 drs. but finalll y a dr.that specializes in tos knew thats what i had.so he first did the tos surg.and had to remove the rib and said i had huge vessels layin on the nerve so he cleaned that up.after 4 months he said he would look at my labrum that was torn and see if it need to be fixed in the mean time he had me on 20 pund restriction on lite duty.i work for a beer co.there is no such thing they had me lifting and movin 200 cases of beer a day.next thing i hear is a bad pop in my injured shoulder so i called my wc nurse and we got an appt.immediately.2 of his dr came in and tested my shoulder and said my rot.cuff was torn now 2.so i have surg for cuff tear he shaved the labrum down said it cannot be fixed torn 2 badly.3 days after surg.i get a blood clo in my arm had 2 wear a sling for 7 weeks straight.with no therapy.so when i get the sling off i now have frozen shoulder.im in alabama and will be out of work 13 months.should i get sa good settlement out of this i do have a lawyer.thanks for help sorry so long.

[nospam]

I afraid you may not be entitled to a settlement since you disregarded the Dr's work/weight restriction orders, unless your employer forced you to do so. Patient non-compliance is not taken lightly and your doctor may not go to bat on your behalf.

You will likely be able to get better info & responses from the Layoffs, Unemployment and Worker's Compensation forum.

[hotrod 38]

i was forced to do the work and the wc nurse knows it and it is documented.

[Jomar]

What does the employer/ HR dept say about the lead person or supervisor making you do that work?
Of course they may be keeping that quiet if they can.

That is a sticky situation, were you just asked to do that work - or threatened or pressured??
I hope your atty can get good witnesses or if the supervisor or lead person was reprimanded for it that would be good proof too.


The HR lady @ my previous employer more or less took charge of all injured employees, making sure all rules & restrictions were followed..

I even had a "no use of upper extremities" restriction for a few months..
That restriction came about because earlier the HR lady had me filing & sorting papers into a overstuffed 4" ring binder for a whole day, bilateral RSI was my dx at that time, and a "no repetitive arm use" was the restriction then.
So dr made the next restriction very limiting - i ended up walking the parking lot as security for 2.5 months..summer luckily and plenty of shade trees to keep cool with.
But I still had to drive to work (20 miles), open the heavy doors @ work and of course daily living things...

Are you getting any therapy for the frozen shoulder?
We've had a few that had that in the past, sounds terrible...and painful.

[hotrod 38]

i do have 2 witness and one has it on his phone recorded.yes they pressuered me to do all that work,they jus dont care.the supervisor would come back every 2 hours and would be ****** if it wasnt done.they r not doin therapy now for frozen shoulder.dr.said to give it 6 months for the nerves to calm down.