What legal rights do I have for workers compensation when I am employed by a physician who unsuccessfully treated and diagnosed me for the neck condition that is making me unable to work?

Get Legal Help Today

 Secured with SHA-256 Encryption

What legal rights do I have for workers compensation when I am employed by a physician who unsuccessfully treated and diagnosed me for the neck condition that is making me unable to work?

I started having neck issues approximately 2 years ago. I
was treated by the doctor I work for including a decreased
workload. The treatment was filled with promises that were
not kept and did not work. I got a 2nd opinion, was
diagnosed with arthritis and severe disk problems with C1
and C2 vertebrae. The doctor I work for, upon hearing my
diagnosis, put the full workload on me impeding my
recovery. Now I have had to conditionally resign because I
cannot perform my job.
What legal rights or recourse do I have?

Asked on January 17, 2017 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Workers compensation is only for injuries caused by work; if your work did not cause this condition, you would not have a claim for worker's compensation. If the work did cause the condition, then you may be entitled to worker's compensation, should you be able to prove that.
However, if your employer harassed or discriminated against you due to your condition, such as by increaasing your workload when he became aware of it, such as to try and force you to resign, you may have a case for disability related discrimination.
Based on what you write--the possibility of two different claims--it would be worth it for you to consult in detail with an employment law attorney who handles suits or claims by workers (i.e. not one who mostly defends employers).


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