There are a couple of factors here. First, if your employer is asking you to exceed the restrictions then you should politely state what your restrictions are and clarify which portion of the job you feel you cannot do. You may be wondering if a doctor can force you to go back to work? We recommend that this be done in writing so that you will always have proof that you did it and that you did it politely and in a professional manner.

Second, if the job is just too much then you should report this to the doctor. As always it would be helpful if you could explain what aspects of the job are too much for you and what your symptoms are when this happens. All of this gives you more credibility with doctors. In a situation like this where it’s often a matter of pain, conditioning, etc., having credibility is critical.

First, tell your employer. Preferably in writing. Second, tell your rehabilitation nurse if you have one. Again, preferably in writing. Third, tell you doctor. And tell your doctor that you’ve already told your employer and your rehabilitation nurse without any real success.

And here is why it’s important to put things in writing. You want to be able to show your doctor the notes/emails you’ve written showing how you’ve tried to work things out. This is important: when you are writing an email to your supervisor explaining the problems you are having remember that you want to be able to show your nurse, your doctor, your lawyer, and the Industrial Commission that letter.

There’s nothing to gain in writing a sarcastic note to your boss telling him he’s a bonehead who doesn’t know how to run a company. It may well be true but it’s not going to help your cause any. Instead, write a letter saying how great it is to be back and you love the workplace but you’ve got this one little issue that needs help. When he ignores you because he’s a bonehead who doesn’t know how to run a company at least you’ll have something to show the doctor. And you’ll look good in the process. There really aren’t any clear-cut requirements for what a doctor does. So maintaining some credibility and looking good cannot hurt your chances at all.

If you cannot earn as much money as you did prior to your injury you are entitled to be paid two-thirds of your wage loss for a period of 500 weeks from the date of the injury. In some rare exceptions you may be able to be paid beyond that 500 week date if you can prove you are incapable of any work whatsoever.

Most people are able to return to the workforce but at reduced pay. In those situations the insurance company will be required to pay two-thirds of your loss on a weekly basis. Keep in mind that as you get raises or promotions the amount that the adjuster owes you will go down.

If we can establish that your wage loss is going to be greater than 25% we can often work it so that the insurance adjuster is required to send you to school for retraining. You are entitled to attend any public North Carolina community college or university and the adjuster will have to pay all associated expenses for that.

The overwhelming majority or our clients return to work. Fortunately, a fairly small number are so severely injured that they’re never able to return to work.

It is fairly unlikely that your company is going to blackball you after you’re gone. Most companies understand the legal risk they take in doing that and many have a policy that they will confirm your dates of employment and rate of pay but nothing beyond that. Admittedly, smaller companies may be more likely to take a chance by saying something negative but it’s unlikely.

The one word of caution we need to put out is that under the new laws if you misstate your physical condition and you reinjure yourself the new employer could be off the hook for workers’ compensation. Don’t be alarmed – you do not have to turn over your medical records and stuff like that. But if you’ve just had a fusion on your back and the prospective employer tells you how physically demanding the job is and asks if you have any back problems… well, this is a lousy time to lie and say you are just fine. Forget the worker’s compensation implications for a minute. Do you really want to reinjure yourself and go through all of this again? We didn’t think so.

Use your common sense. You don’t have to advertise your limitations, but don’t put yourself in a position where you cannot safely do the job. For your own sake.

You’ve got a whole new claim. There are not really pre-existing condition exclusions in the Workers’ Compensation Act. The closest thing is if you lie your way into a new job by denying that you have anything physically wrong with you. If you promptly reinjure yourself the claim could be denied.

Hopefully you’ll never have another claim!