7. Failure to Accept Suitable Employment.
It is in your best interest to accept suitable employment whether at your prior job or at a new job that may be presented to you. The law does not (and should not) allow a worker to collect workers' compensation benefits if they can work. On the other hand, you are not required to accept any job that your employer or their vocational rehabilitation worker finds for you. The work must be "suitable" to you based upon your physical limitations, age, education, training, and experience. It is important to work closely with an experienced workers' compensation lawyer to help you determine whether any job offered to you is suitable
8. Failure to Anticipate That You Will Be Followed and Videotaped.
It is a mistake to assume that you will not be followed and videotaped by private investigators. Insurance companies would rather pay money to private investigators and lawyers than pay it to you. You should assume that a private investigator will be watching your every move outside of your home. They may even look inside your home.
9. Working outside Restrictions When You Return to Work.
If a doctor allows you to return to work but conditions your return to work on certain restrictions such as not lifting above a certain weight, or raising your arms above your head, you should follow these restrictions explicitly. When you return to work, there is a temptation to follow your supervisor's instructions even if those instructions would have you working in excess of the limitations your doctor imposes upon you. This is a serious mistake. Carry the doctor's written restrictions with you when you return to work and, if your supervisor tries to coerce you into working outside of those restrictions, give another copy of those restrictions to your immediate supervisor and politely tell that supervisor that your doctor will not allow you to work outside those restrictions
10. Settling Your Claim without the Benefit of an Experienced Workers' Compensation Lawyer.
It is a serious mistake to assume that your employer and its insurance company will treat you fairly. You should understand that in the vast majority of the cases, they will take advantage of you if you let them. Your employer and its' workers' compensation insurance company have on their side professionals who thoroughly know North Carolina workman's compensation law. They are looking after themselves, not you. Always seek the advice of an experienced workers' compensation lawyer before you sign any agreements.
11. To Assume That Rehabilitation Counselors Are Your Friend.
Rehabilitation counselors are working for your employer and the insurance company. They are not working for you.
12. Allowing the Employer to "Doctor Shop".
If your employer accepts your claim and agrees to pay, they do have a right to direct your medical care. However, once your medical providers have been established, they cannot switch you to another doctor without the permission of the Industrial Commission. Insurance companies like to have you seen by doctors who they can count on to "sing their song". Do not allow them to do this. If your employer or its insurance carrier attempts to switch you to another doctor, consult an experienced workers' compensation lawyer immediately.
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