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?
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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 7 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).
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