Rome, NY Personal Injury Law Firms & Lawyers

Usually, the function of release to work with restrictions is to allow the employer to have the employee return to the workforce. So, the concept is that they are allowing her to come back to work, provided that she works within the restrictions. If you are her supervisor, then it is up to you to instruct her that she is not allowed to lift anything beyond the weight limit set by her doctor. If she does, then you take disciplinary action the same as if she were breaking any other workplace rule. Document this to the max. You did not deny her the cold packs, you allowed her access per company rules. She dosen't have to like the company policy, but she does have to follow it, the same as you, whether it is stupid or not. Write up a memo for all of this, make it as factual as possible, no editorials, no characterizations, just a recitation of the events, ask your boss to sign it. Notify HR regardless, let them deal with it.

Possibly. There may be pay backs, such as unpaid expenses, unpaid insurance paybacks, and things like that that the lawyer is still trying to get a handle on. At the end of the case, though, you should be given a written accounting on the amount recovered, amount of fees, amount of litigation costs, amounts of pay backs / insurance subrogation claims, etc. and what is your net.

If you have a permanent injury, you may be able to get a "schedule award" which is based on a formula depending on the extent of your disability and your rate of pay, offset by payments you have already received. But you should get some advice as to whether the schedule award is your best option. Depending on your situation, you may be better off getting disability payments and having your medical expenses taken care of.