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Release Employer and Doctor from Liability!

Discussion in 'Workers Compensation' started by brucew66, May 31, 2007.

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  1. brucew66

    brucew66 Law Topic Starter New Member

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    Hi, my name is Bruce. I've been on workmen's comp for about 3 months now! Just doesn't pay enough, burning up my saving account! not going to last much long. I had surgery for a hernia. I feel fine now but just went back to doctor today and she gave me a weight restriction of 20 pounds for another 6 months. I can do another 6 months. I going to have a nerves break down if I stay home any longer. Is there any way I can just give a Letter of Resignation to employer and release them from any legality, and the same with the doctor. just send her a letter releasing her from any legality? and if so how would I write the release? thanks for any information you can provider. Bruce
    PS Quick response with be appreciated !:(

    I just want to move on to another job ASAP, I really need this!
     
  2. cbg

    cbg Super Moderator

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    You can resign any time you like. But the workers comp laws say that your employer is still responsible for your medical treatment regardless.

    Of course, if you resign, they are no longer on the hook for any wage replacement.

    A question; have you asked your employer if they can accomodate your restrictions?
     
  3. brucew66

    brucew66 Law Topic Starter New Member

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    The boss said he wouldn't let me do anything else! not sure why? I just want out of there! Will I get in trouble if I start another job? thanks, bruce
     
  4. cbg

    cbg Super Moderator

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    No, you will not get into any trouble. We abolished slavery in this country quite some time ago. No one can force you to continue working for him.

    Your employer will still be on the hook for your medical care. Unless your state is different than most, he will have no further responsibility for any wage replacement for you.
     
  5. brucew66

    brucew66 Law Topic Starter New Member

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    Thanks cbj for the info.

    I just really want to know is if i went to another job that broke the Doctor (surgeon) weight restriction of 20 pounds. Would that get me into trouble or fired from the new job? I figure I could just send her a letter say that there no way i can afford to take off for six more months and i release her from any legal action against Her!

    Thanks Bruce

    PS you information was very appreciated, it hard to get any advice with out paying for it!:D
     
  6. cbg

    cbg Super Moderator

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    And I've already answered that question.

    What kind of trouble are you so certain you could get into? Trouble with whom? Why would a new employer fire you for having a restriction that you will be telling them about when you are hired?
     
  7. brucew66

    brucew66 Law Topic Starter New Member

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    maybe the new job requires me to life over the weight restriction of 20 pounds and i don't tell the new employer! That what I wanted to know sir?
     
  8. calalily

    calalily New Member

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    Then you are possibly committing fraud by lying to the employer because if you re-injure yourself by lifting over the 20lbs you'ld probably go back on worker's comp. at their expense when you were already covered by a prevous employer.
     
  9. brucew66

    brucew66 Law Topic Starter New Member

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    thanks, I do whats right and follow the laws! That what they are there for! even if you don't like some of them!
     
  10. cbg

    cbg Super Moderator

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    There's an easy solution to this, Bruce; you DO tell the new employer, before you're hired. Then if they need you to lift over 20 pounds, they won't hire you and you keep looking for work within your restrictions and no one gets in trouble.
     

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