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Old 03-16-2005, 07:41 AM   #1
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I need someone to talk to....please!

I am stuck between a rock and a hard place and I need advice from someone. I have been missing so much work since my accident with doctors visits and procedures and what not that yesterday was the straw that broke the camels back, so to speak. My boss told me that if I missed another day that I wouldn't have a job anymore. I can go on disability to protect myself and seek the treatment that I desperately need for my back but disability will only pay 60% of my income. I know that 60% is better than nothing....but I really don't know what to do. Any advice out there would be greatly appreciated. Thank you~

 
Old 03-16-2005, 07:51 AM   #2
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Thumbs up Re: I need someone to talk to....please!

Let me get this right, if you get fired for losing another day, you will end up with nothing, right? Well, I think I would go for the 60%. I'm sorry that you are in this position, but you need to be able to get the help you need, and remember that 'my God shall supply all your needs". I was fired from my job because I couldn't do the work anymore, but I got on disability, and we have been making it just fine inspite of the medical bills. Love, and prayers. Valley

 
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Old 03-16-2005, 08:23 AM   #3
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Re: I need someone to talk to....please!

Hi,

Sorry to hear of your situation. Don't know if you work for a large firm or small one, and that can sometimes play a roll in how they handle people with an illness or injury.

Well, agree that 60% isn't great, but that percent on disability does come closer to your bring home than you realize. One, often on disability, you may not have to pay as much if any on your insurance, and if disability, you get a major tax break on income taxes. Either talk with the payroll or personnel office to get specific information, or call the legal aid office in your area. They can usually meet with you and not charge you. They might even be able to help you on the phone.

If they are inappropriate in pushing you into disability, you may need to speak with an attorney, especially if you wish to return to that job. At least an initial consulation is usually free with most. As the injury was a result of an accident, do you already have an attorney? If so, you certainly need to be in touch with him and ask what all it means to your case. For instance, if you are forced into disability, then how does it strengthen your case against the other driver, or does it have a negative impact. Certainly it appears you would ammend any judgement you might be seeking to compensate for loss of work you missed, but may need to revise it to a significant amount to cover loss of job. If the other person's insurance was minimal and you carry full coverage on your insurance but have not filed against them, the attorney will likely explain that you need to include them in the suit as they would pick up the difference in what the first insurance doesn't cover.

Understand the fear of it all dumping on you right now, but you have to take care of your physical self. Get in touch with these people and get a more accurate picture before you build up more fret. Best wishes for some good news and pain relief soon!

 
Old 03-16-2005, 09:00 AM   #4
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Re: I need someone to talk to....please!

I went through much the same when I first injured my back but didn't have disability where I worked so it waas work or nothing, I ended up with nothing.
I believe that you ned to take care of you and your back above all else and 60% is better then nothing.
Hope all works out for you, I know it's a hard choice to make, I tried for 3 yrs to keep pushing and pushing myself and now wish I would have listened to mu body.
Linda

 
Old 03-16-2005, 09:30 AM   #5
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Unhappy Re: I need someone to talk to....please!

Thank you all for your kind words and advice. I'm in tears right now trying to figure out what the hell to do. I've only been at this job for 3 months so I don't qualify for FMLA to protect my job. Short Term Disability doesn't kick in for 30 days so I would have to be out for a month with no pay and then it would kick in. But the kicker is that they could fire me before the 30 days....this is a small company so that will definetly happen. I just don't know what to do. My boyfriend whom me and my son live with has been off of work with no pay for over a month now because of surgery that he had to have. He just had a relapse last night and is back in the hospital but I can't be there with him because I need this job right now...its the only source of income we have to make ends meet. I just feel so lost right now....I'm not a weak person...and they say that God never gives you too much to handle....but I'm questioning that saying right now!

 
Old 03-16-2005, 10:04 AM   #6
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Re: I need someone to talk to....please!

Well dear there is nothing shameful with checking in for some assistance from the state. It doesn't mean that you would have to be on it long term if you can apply for disability or if you have a suit regarding your injury. At least with assistance you could qualify for medical, some help with food, etc. Also, there are often agencies that are non-governmental that are willing to help short term with necessities like rent and utilities and will often assist you in getting in to see the right people for state assistance programs. Those who are trying to work are paying various taxes to keep such programs going and sometimes we just have to rely on those very programs to give us a footing until things get worked out. Do some calling to your local church office or look in the yellow pages to see what programs might be available.

Good luck and let us know how you are doing.

 
Old 03-16-2005, 10:14 AM   #7
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Re: I need someone to talk to....please!

I agree best to go for the disability at this point. I have been on disability a number of times and was in the same situation where my job was on line for being in and out of work so much. I suggest take the disability and try to resolve the health issue. Good luck and hope you have a pain free day soon.....Allan

 
Old 03-16-2005, 10:21 AM   #8
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Re: I need someone to talk to....please!

Diva: It is against the law to even tell someone that they will be out of a job if they have a disability. Bring in a doctor's note and see if they will work with you on this.

I am not sure about disability laws, but if your short term disability is not in effect yet, and you can't take FMLA, what disability are you looking at that pays 60% of your pay? Do you have private disability insurance like AFLAC?


 
Old 03-16-2005, 11:03 AM   #9
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Re: I need someone to talk to....please!

I so wish I had some great words of wisdom for you right now or even better advice that could get youooout of this delimma, I have been where you are so to say and know just how hard it is, not that that helps you just know your not alone...
All I do know is that things like this never happen at a good time as no such time is ever good for this.
Try doing some research and find out if there is some kind of public assitance you can get on to help you over this rough spot, I know that it isn't the best of situations but after all that is what assistance is for those that really need it an not abuse it.
You are in my thoughts and prayers, please keep us updated.
Linda

From my experience it is againist the law to fire some one for a disabilty, but not if the person can not perform their job duties.

Last edited by jdlfmc; 03-16-2005 at 11:05 AM.

 
Old 03-16-2005, 11:12 AM   #10
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Re: I need someone to talk to....please!

[COLOR=Magenta]From my experience it is againist the law to fire some one for a disabilty, but not if the person can not perform their job duties.[/COLOR]


There is a law that protects people from being fired if they are disabled. I am not sure if this works if they are sick. If they cannot perform their job duties, then they have light duty. If a person has to be out, and the job can't accomodate them, then it is better to resign. If they fire you, you can get unemployment, but when they ask you if you are physically able to do the type of work that you apply for, and you do have to do work searches, then you have to say no and you can't get unemployment. There are a lot of road blocks out there for people with disabilities. But, there are safety measure in place as well.

If the place is going to fire them, they have a find another excuse or they can be sued. But, most do.

There is SS insurance, but I think that you have to be off of work for a year. Then there is SSI, not sure of the requirements on that one.

 
Old 03-16-2005, 11:28 AM   #11
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Re: I need someone to talk to....please!

Hi Diva 78,
I have a friend that has been on long term dissabilitydue to back problems for years. (At first her claim was rejected, but she hired a good NY lawyer (who only got paid if she won her case) and won!! I think you need to consult an attorney ASAP so you know exactly what your rights are now.
When you get dissability, you do not pay taxes on that money so it comes out to more than 60% when you factor that in. Also, I don't know about short term dissability, but if it turns into long term disability, you will also receive money for your child since you can not work. My friend I mentioned above not only gets money for herself, she has been getting a significant amount of money for her minor child as part of her disability as well as full medical menefits through medicare even though she is only in her 40's. (she has been on disability since her late 20's) We are in the same line of work and her lawyer was able to convince the judge that she could no longer do her job with her back problems. She makes about the same amount of money that I do after they take out taxes from my paycheck) between the money
she receives for herfself and her children. (she gets more money for the older child because she was pregnant with her when she injured her back, but she still gets money for her second child as well.)
If you truly can not work, make sure you are receiving regular medical care and taking prescribed medications as ordered as well as getting the appropriate tests, ex MRI to show documentation of your condition.

I hope you feel better soon. I also have a chronic back problem (a buging disk and bad osteoarthritis) but am able to work as long as I take daily prescription anti-inflammatory medication. When i have a flare up, I have to take other prescription meds for a few days unil the swelling starts to go down. You will need to be extra careful with your back always.
Good Luck and keep us posted.

 
Old 03-16-2005, 11:49 AM   #12
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Re: I need someone to talk to....please!

First off...thank you to everyone....all of your words are so sweet and have given me much hope in a day that seemed hopeless hours ago. To answer the disability question that someone asked....I would qualify for short term disability that would pay 60% but you only get it after 30 consecutive days of being out of work. But since I haven't been at my job for over a year I can not qualify for FMLA to secure my job so that means that they would fire me before the Short Term Disability would kick in. I didn't know that there were such programs out there that could cover things like this....as far as assistance through the government. I don't know if I could utilze that though...because of my pride. I make decent money and have a nice lifestyle and I doubt that they would pay for much of any of it. I know that nothing should be more important than my health but I have a 6 year old son to consider as well. I live in Texas and its an AT WILL state so they can fire you at any time for any reason. Doesn't help me much does it? Thank you again for all of your support and prayers...truely...you don't know how much it means to read all of these responses....today has been difficult but you guys have made it so much better for me. God bless you all~

 
Old 03-16-2005, 06:25 PM   #13
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Talking Re: I need someone to talk to....please!

its not against the law in some states they r caled right to work states,how did u hurt ur back???was it at work if not i would keep and always have docs note then if u lose ur job u can get unemployment,sounds like ur already fired soon as they get a good reason,just the way it works. ur employer is seaching a reason to fire u that will not cost them unemployment,if u were hurt on the job u should have filed a claim,i thought that ppl were just parrinoid till i was hurt and not able to preform at work,all i can say is dont give up and take care of urself noone else will if u dont shout out load that u need help not pitty and not to be pushed around,somtimes a little attiude will go along way,my attitude has both helped me and hurt me but i still refuse to be brushed off and if i feel wronged i let it be known,TAKE CARE OF UR BACK.

 
Old 03-17-2005, 06:50 AM   #14
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Re: I need someone to talk to....please!

Wow...thanks for the pep talk TRACER. You are so sweet and so right! I didn't hurt myself at work....it was a slip and fall at a store last summer. I went straight up in the air and fell directly on my back. I had never felt so much pain before in my life! I don't think that they are really looking for a reason to fire me....only because I'm such a valuable asset to the company. Not to toot my own horn or anything but they would have to spend thousands and thousands of dollars to find someone and train someone to do what I do. They know it too...thats why they have said anything up until now. I just feel like I am stuck. I am the only income for the family right now so I can't have an "I give up" attitude like I did yesterday. I was litterally in tears all day yesterday hiding out in my office. It was horrible. Today is a new day though....I prayed a lot last night and I feel like God has lifted my burdens onto himself to help me through these hard times. I trust that he'll take care of me and my family no matter what. You are right though about your attitude and how I need to be firm with my employer and let him know that my health is a priority and even though I've been missing work here and there for legitiment reasons...I also understand that they need me here. There has to be a meet me in the middle sort of situation. Or I could win the lottery and not have to deal with this crap!!! :-) Thank you to everyone again....for listening/reading my problems and lending me your time and advice! Much thanks and appreciation. I hope everyone has an awesome day today full of many blessings!

 
Old 03-17-2005, 08:27 AM   #15
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Re: I need someone to talk to....please!

I'm happy to see that today is a better day for you!!! I did hurt myself at work and afte many yrs I lost my WC claim and case but that's in the past and I am however disabled now and have been trying for almost 3 yrs to get my SSD and the fact is I have worked for almost 40yrs.
Anyway I understand you not wanting to give up your job abd your situation, our home has always been a 2 income home and losing my income has had some very serious complications for us even bankrupcy, my point here to you is you are MUCH younger then me but even more important to think of your future health, has the store you were hurt in released from financial responsibilty ???
Have you talked to your employer and explained the situation and maybe talked of cutting back your hrs until you can get your back taken care of, explain how important your job is to you and be open at this point it sure can't hurt...
I'm thinking of you and wishing you the very best.
Linda

 
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