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Old 03-23-2010, 09:01 AM   #1
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dealing with a work injury

I was injured at work I have had 2 surgeries. the last one was a fusion with 4 screws. I was released with a 40 lb wait restriction. My job causes me to lift more. So i cant go back to my regular position. They are trying to find me something to accomodate these restrictions. My question is what will happen if i settle my case before they place me. will i be fired or what? because they are taking there time finding me a position. They are still paying me, will the workmans comp stop, or what. help please.

 
Old 03-23-2010, 09:59 PM   #2
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Re: dealing with a work injury

Hi there I am going through the same situation you are. However I have a attorney and only in my third month of workers comp. Once your Dr has written you out of work they will never accept you back until all lift restrictions are taken off of you and yes they still have to continue paying you even your insurance adjuster knows that they just always try there chances to put you back to work and workers comp loves playing this game so they can have an excuse to hold your checks back as in delaying them so you become desperate hoping you will accept a early pay off settlement. Just a bunch of game they do not want you to know these things either and NO they can not fire you just because they have no light duty for you.
Good Luck I feel your frustration

 
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Old 03-24-2010, 02:02 AM   #3
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Re: dealing with a work injury

I, too, am dealing with a work injury. My injury was 14 months ago, and I am receiving payments from Worker's Comp. I could not return to my old job with a 25lb lifting restriction (job required me to lift a lot more than that), & my employer would not find any light duty work for me (not even office work). I have gone thru computer classes (they condensed the material & went so fast no one could keep up). I have done typing tests. WC has a company that they contract to do the voc rehab stuff & help decide what transferable skills you have.
Also, if WC helps you find a job they are supposed to help make up the difference in your wages, if you end up in a job that pays quite a bit less. I'm sure that what they make up isn't exactly what you were making prior to getting injured, but up to a certain amount (not sure if states differ). Supposedly they have to do this for 5 years after you are employed.
I wasn't "fired" from my job, but I did receive a letter stating that "due to my restrictions my services were no longer needed". I was advised by someone who works for WC (a friend of mine) to NOT quit my job, let my employer make the decision to either find light duty work for me or terminate me. My WC case worker said she could/would not advise me on whether or not to quit my job. I was also told that your employer has to keep you on as an employee for 6 months, in the event you will be able to go back to work. But I'm not sure how true that is. It was after 6 months that I did receive the letter from my employer. The letter also stated that I could use that employer as a reference (not sure if I would or not).
I'm starting to believe what others have said about WC...that they will go out of their way to either frustrate you or make it so tough on you financially that you say screw it! Problem is, at this time, insurance companies would consider it a pre-existing condition & won't cover it.

 
Old 03-24-2010, 09:53 AM   #4
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Re: dealing with a work injury

so they fired you? did they compensate you? isnt that against the law?

 
Old 03-25-2010, 11:00 AM   #5
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grace058 HB User
Re: dealing with a work injury

The letter said that I could no longer fill the job requirements due to my restrictions, and that they did not have any light duty work for me. I had to give my WC case worker a copy of the letter for my file. Not really sure if it's illegal, since I could not do the job. My employer did not compensate me, as I was already getting paid my 66% of my previous wages by WC.
I did go thru the grieving process, and probably still am to an extent, about not being able to do that job. I loved my job!!! Sadly I will never be able to do that type of work again.

 
Old 03-25-2010, 02:49 PM   #6
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Re: dealing with a work injury

I appreciate your response. DO you have an attorney? i was under the impression that they couldnt fire you. Thats what i dont understand. How could they just fire you?

 
Old 03-27-2010, 01:40 AM   #7
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Re: dealing with a work injury

Hi again I am now going on my third month was first on light duty then place on temporary total diablility. I sat home and did two therapy a week for two monthes then placed back on light duty in the billing office, I was an EMT still am on Christmas eve 911 had a huge shortage so I went in worked 11 hrs I was dispatched to take a very sick patient home from hosptal requested my the family little did I know there were twenty steps up to his apartment my partner and I was denied lift assistance support 3 times. There was no turning back I did what I had to do so I struggled severly but got my patient into his home and bed safely and secured, however through the lifting I almost vomited twice I had pins needles sensations in my scalp then almost passed out I did fall to my knees after I got to his door. I dont know why I am not getting my checks yet my attorneys says I am supposed to but I did get WC approved months ago.. I was first told by the attorney they CAN fire you BUT WC still have to pay you for a while and doubtly they would fire you because they still have to pay you. now I was also turned down for ANY light duty at work now a week ago my WC nurse somehow talked and argued my DR to send me back to work with stricken 10lb lift restriction as I said first my employer said we have NO light duty for you then a week later they said yeah come on in we found you work. I went one day and now I am in hot water because that one day just about killed me I am useing my attorney waiting to see what happens next. My MRI'S show fine without contrast used but my pain since that night in my back is on a daily scale of between 4 and 9
that LETTER U RECIEVED wasnt firing you they may tried to word it that way but I am not 100% sure because the states regulation difference but they are just telling you they have no place for you but if you want to find other work you can use them as reference OH they WIL play head games with you until you start to feel lost, crazy . through all this in such short time iI am gonna have to seek mental therapy they have messed with my head and family, I sick with the worry and aggrevation.. Now being a EMT I had to send the industrial commission FILES 19 FORM so would pay without discrimination due to what I do in my career field. Anyways I am still fighting.. thanks you guys for the support/

Huntersweet

 
Old 03-28-2010, 03:01 PM   #8
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Re: dealing with a work injury

It is very frustrating dealing with WC!!! They tend to make subtle threats to cut your payments off if you don't do what they tell you to....which I think is wrong!! I, too, worked as an EMT when I got injured. I know that my boss could have put me in the office doing office work, but I couldn't prove that. I've been advised (by others that have dealt with WC) to file for SSDI, or at least start the process. According to the specialists I've seen (orthpedic surgeon & neurologists) I'm not fixable thru surgical means. And that I just need to continue with my pain mgmt dr to try to find the right combo of meds.
I have kept all documentation & notes of phone conversations with my previous employer & with anyone having anything to do with WC, in the event that I need all of that for a disability hearing.
My brother has also dealt with WC, after hurting his back years ago. He's had 3 failed back surgeries & WC tried to get him to settle his case. His attorney, fortunately, is very aggressive & advises him very well. His injury & being on pain meds ended up landing him in drug rehab once & possibly going again. His attorney also states that his becoming diabetic is possiby due to his injury & surgeries. Sad what an injury & constant pain does to the body along with our minds. Makes you feel inadequate, useless, and depressed.
My wish for everyone is to be painfree...or at least find some relief & be able to find some happiness in life

 
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