dub1
08-08-2007, 01:54 AM
Hello,
I am very frustrated and my attorney hasn't called back yet so I thought I would post and see if anyone has had this problem before. I filed for W/C this spring after a surgery, I was supposed to be back to work in 12 weeks, Now approaching the 6 month mark and am still struggling but could really use some income. I have another appointment with my surgeon in late August and am hoping that he may clear me for some light duty. At least just to see if i can even do it. I am currently unable to stand or sit for 30 min. But, upon speaking to my boss there is now a problem. Apparently I cannot come back to work until the case is settled. The trial is in late November. Furthermore, if i am awarded damages i cannot be employed by them at all. This seems totally wrong to me. I just wonder what insights anyone has on this issue. Can they legally deny me work, i understand if it causes undue hardship on the company, but to not even allow me to try? This whole thing sucks. Thank you for reading and i look forward to your replies.
I am very frustrated and my attorney hasn't called back yet so I thought I would post and see if anyone has had this problem before. I filed for W/C this spring after a surgery, I was supposed to be back to work in 12 weeks, Now approaching the 6 month mark and am still struggling but could really use some income. I have another appointment with my surgeon in late August and am hoping that he may clear me for some light duty. At least just to see if i can even do it. I am currently unable to stand or sit for 30 min. But, upon speaking to my boss there is now a problem. Apparently I cannot come back to work until the case is settled. The trial is in late November. Furthermore, if i am awarded damages i cannot be employed by them at all. This seems totally wrong to me. I just wonder what insights anyone has on this issue. Can they legally deny me work, i understand if it causes undue hardship on the company, but to not even allow me to try? This whole thing sucks. Thank you for reading and i look forward to your replies.
Sponsor
ICC
08-09-2007, 08:17 AM
Hi dub....My first question is why you filed a WC claim after having surgery. When were you injured? All states are different. If you work in a "right to work state" You can be kept from working IF you have restrictions, ect. Also you can be fired at the drop of a hat BUT not if it's in retalioation for filing a WC claim. I would be shocked IF you could return to work AFTER settling. Most employers make you resign at the time of settlement if you haven't already been terminated. Your post is somewhat contradictory in that in one sentence you say you can't return to work until the case is settled in Nov. and in another sentence you say if you collect damages you cannot work at all. Please, Keep on your attorney's butt. He should have made all of this clear to you before you signed with him. Yes they can legally deny you work. I'm not quite sure what you're asking but am more than willing to help if you could clarify a few things.
ICC
ICC
dub1
08-14-2007, 06:02 AM
ICC,
The answer to your first question...why I filed after a surgery. I went to their doc about 5-7 times for the same problems, during the last visit in late '04. I was told by the doctor that there was nothing more they could do. I then called my GP, and we got the ball rolling from there. Went ahead with the surgery and during a visit with my surgeon, told him the story and he said there was no way this wasn't a work related injury, due to my age and level of problems. I called an attorney and then filed. Basically, they are telling me that i cannot go back to work, restrictions or not, until the case is settled. If i happen to collect, my employment will be terminated without question. According to the laws, i cannot return to work if....my restrictions cause undue hardship on the company so it appears to me that this is threatening behavior on my employers part. Would this constitute problems for them because of the complete denial of work with or without restrictions? Thanks for the reply.
The answer to your first question...why I filed after a surgery. I went to their doc about 5-7 times for the same problems, during the last visit in late '04. I was told by the doctor that there was nothing more they could do. I then called my GP, and we got the ball rolling from there. Went ahead with the surgery and during a visit with my surgeon, told him the story and he said there was no way this wasn't a work related injury, due to my age and level of problems. I called an attorney and then filed. Basically, they are telling me that i cannot go back to work, restrictions or not, until the case is settled. If i happen to collect, my employment will be terminated without question. According to the laws, i cannot return to work if....my restrictions cause undue hardship on the company so it appears to me that this is threatening behavior on my employers part. Would this constitute problems for them because of the complete denial of work with or without restrictions? Thanks for the reply.
dub1
08-14-2007, 06:24 AM
I also wanted to add that being with this company for a long time the last thing i wanted to do was to file for W/c i know how this goes. I lose my job and dignity . However, i thought that after the initial recovery i would be all good, take the hit of paying for this on my own. I realized that this is way more serious than i originally thought. I am now looking at permanent nerve damage and with ddd, I know that the other L's are going to go and soon. Once i knew this i had to make the decision i did.
ICC
08-14-2007, 07:38 AM
Ok dub...I understand now. Sorry you did that. Most of us feel really bad filing a claim BUT get the point shortly that our employer gives not a crap about an IW . Glad you have an attorney. Who is tellin gyou that you cannot return to work with/without restrictions until after you settle? Your employer or your attorney? If you work in a 'right to work state" the employer is doing nothing wrong Unless he tells you he is terminating you because you filed a WC claim. This is really hard to accept BUT it happens more times than not.
I'm sorry this is so much more serious than you originally thought. Most times it is. Most IW want to just get better, trust whatever is told to them and their goal is to get back to work as quicly as possible. The Wc system makes this all impossible. Treatment is delayed, the injury is drug out over years instead of in some cases being takien care of so the employee can go back to work. It's a legal way of retaliating against an employee. It appears that the IC and employer have many more rights than the IW. Listen to your attorney IF you have confidence in him. He is your best sourse of knowledge since all state's are different.
ICC
I'm sorry this is so much more serious than you originally thought. Most times it is. Most IW want to just get better, trust whatever is told to them and their goal is to get back to work as quicly as possible. The Wc system makes this all impossible. Treatment is delayed, the injury is drug out over years instead of in some cases being takien care of so the employee can go back to work. It's a legal way of retaliating against an employee. It appears that the IC and employer have many more rights than the IW. Listen to your attorney IF you have confidence in him. He is your best sourse of knowledge since all state's are different.
ICC