When you have made your employer aware of certain medical conditions which make it more difficult for you to work, your employer should not be forcing you to do tasks that could exacerbate your condition. If you also have provided your employer and/or supervisor with a doctor's note stating what you can and cannot do, and still your supervisor makes you do tasks that tax you physically, you could become injured and unable to work. When that happens, you should be fully entitled to worker's compensation, and an attorney can help.
Gathering Evidence on Your Case
Cases like yours, where a pre-existing condition is the reason why you were apparently wheedled out of the employee pack and stuck filing for workers compensation, are difficult to prove. However, since everything has gone digital, your doctor should have your medical records and any letters you requested to give to your supervisor and your employer. The next thing you would have to show the courts is the type and amount of work your supervisor told you to do after he or she was already presented with the letter from your doctor about your condition and work restrictions.
Recalling and/or Documenting Specific Incidents
Human memory is not such a good tool when it comes to recalling specific days and times. Your workers compensation attorney will need specific dates and times when your supervisor told you you had to do tasks you both knew would make your condition worse. If you kept any sort of journal or diary, this will help you recall when these incidents occurred and point to your employer's failure to comply with medical orders and restrictions.
Suffering Injuries on the Job
The injuries you suffer on the job as a result of your supervisor's failure to comply with your doctor's orders should be well-documented. There should be a paper trail both at work and at the hospital or doctor's office to support your injuries and claim on worker's comp. You can use the documentation you currently have to support your case, while your attorney can subpoena the records your employer has. If your employer has no records related to your case, your lawyer can request an investigation into why your employer does not have anything on file regarding your restrictions or your letter from your doctor. Such an investigation makes them look especially bad, and a judge may rule in your favor given the amount of documentation you provided to your attorney.
For more help, contact a legal office like The Law Offices of Gregg Durlofsky.Share