Does my employer have right to send me to work after I incurred a neck an injury?

Get Legal Help Today

 Secured with SHA-256 Encryption

Does my employer have right to send me to work after I incurred a neck an injury?

They do not know what kind injury of neck I have. The doctor did not do MRI.

Asked on September 6, 2012 under Employment Labor Law, Pennsylvania

Answers:

Timothy D. Belt, Esquire / The Belt Law Firm

Answered 9 years ago | Contributor

I agree in part with the prior poster.  If your employer has complied with the panel requirements, you need to treat with the panel doctors for the first 90 days in order for the workers' compensation insurance carrier to be required to make payment.  If they have not complied with the panel requirements, or if you are willing to pay for the treatment yourself, you are free to go wherever you want for treatment. 

If you have been released to return to work, and your employer offers work within your restrictions, you do not have to report for the job.  However, if you refuse the work, the employer then has a bases to seek suspension of your wage loss benefits.

If you have not already done so, I would strongly suggest that you talk with a workers' compensation attorney.  The initial appointment should be free of charge, and you can avoid many pitfalls with competent representation.

Andrew Goldberg

Answered 9 years ago | Contributor

For the first 90 days following your injury, you have to treat with the employer's doctor. If you are dissatisfied, you can go back to the doctor and tell him or her your symptoms and discuss getting an MRI. Before an MRI is presribed, you must exhibit symptoms of a disc injury and not merely a cervical ( neck ) sprain,. Your complaints and  exam findings may not have caused the doctor to suspect a disc injury. You may rather want to discuss medications and physical therapy. So, the answer is "no", the doctor does not have to get you an MRI before you go back to work.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption