enough is enough

[hawaii1]

I injuried both my shoulders at work. Left shoulder injured in 2003 when I went to open an industrial Frozen Door and it was frozen shut. My left arm was pulled out of joint. My perishable manager told me I needed to go to there clinic, my arm was hanging and very painfull. Company excepted the injury. Physical therapy began 3 times a week.While I still continued to work Dr. note I was not to use my left arm at all. My company excepted the lite duty.Pulling the arm out of joint caused an impigment. After months of phyiscal therapy my arm was in working order again. Now in 2005 while chopping ice my right shoulder was injured. now my left arm was acting up again do to comp
ensating for the right. Now I'm back at physical therapy for both arms.Company excepted both shoulders physical therapy did not help and I was sent for MRI of right and to see an orthapedic surgen. I was told by the IC we can only do one shoulder at a time. Yes I need surgery for Right shoulder. It was a 6 month recover. Now an MRI for the left shoulder same problem. My surgery was scheduled. My right shouler bills are not being payed. IC told me to have them faxed to them from my manager. I brought the bills to him and they were faxed. Still not being payed. They went to my credit report unpaid. Also while going through my recovery of right shoulder my comp check is not coming I ran out of gas at my home, had to get a ride to phyiscal therapy. No finanance to eat or pay bills. I'm a single mom. Now I know I need a Lawyer. We go to the commisioner. The lawyer for my company was saying that they payed the bills and I was being payed! Evidence proved them wrong and the commisioner told them to take care of bills and my comp check, and I could go after them in civil court for my credit being hurt. How could this company not respect my rights why was it allowed to go as far as civil court? Now the phone rings and the IC is telling me I have to go for a IME and that my left shoulder surgery is not ok'd. I went to the IME and the Dr. told me he was just looking at my right shoulder. When I told him that the IC told me to bring all medical reports,mri, xrays for right and left. He became frustrated shook the folder in his hands and said I'm not going to argue with you! At that point I said no more he gave me a quick 5min exam. And I left feeling humiliated. His report went to the IC saying nothing about the right shoulder, and that there was no way I hurt my left shoulder at work, but I did need surgery. O.K lets go back to 2003 the company took care of the left shoulder. Then the company took care of both left and right before my first surgery and how we could only do one at a time.Now back in forth to the commisioners office. And again no comp checks coming. I went to a commisioners appointed second opinion, he states I need the surgery. The company is still saying no to surgery. The commisioner said it's their right to go to a hearing. What about my right's? Just before the hearing date and a year later, living in so much pain the IC called me and said they O.K.'d surgery! Now surgery is over with I have phyical therapy 2 times a week I'm very close to full recovery, I took my medical form to my employer and I was told with my 7 year old son with me that they discharged me!I no longer have a job. I've been with this company since 1989.I all so have a union who I've been in touch with about everything I was told by my Rep. there was nothing he could do for me because it's in the commisioners hands and the commisioner told me the union has to help with me being discharged? I all so talked to the union before my second surgery to get me back to work light duty, he said he would see what he could do, but they wouldn"t take me back light duty. They did before?

[hurt at work]

hello and welcome to the hell we call work comp,sorry ur here as thats not a good thing.well do you have a lawyer you talked about it??? if not get one and a good one fast.sorry but ur now exemployer can fire you IF they can not find light work for you.i would look in to a employment lawyer or just talk to a couple and see what they have to say you might have a case and you might not,cant hurt to try rite.i still think you should talk to a wc lawyer to be safe.the ime are drs are nothing but high paid bit*** they stink,they lie and get paid well to do so.sorry ur hear i wish you well and hope things get better.hurt. (:

[Bad Boy Bad Boy]

Hawaii1, sorry to hear all this happened to you. But, I'm sure you don't want people to just say sorry to you. A side note; I'm sure with all the problems you encountered, that you knew in the back of your mind, you were not going to be happy with your employer if you did return there. An employer can release you after 12 weeks protected medical leave, called FMLA (Family Medical leave Act). As for your Union, yes their hands are tied. I'm a Union person, and would not work in a Non-Union place. The Union is Bound by their Contract with said employer, and the people they hire that are then placed in the Union. In your Union Contract, under the clause Work Injury, or Workmens Compensation is your information with said Binding Contract. There it will state the Unions provisions that could help a injured worker, for only a period of time. But, if said Contract when expired, was never up-dated with new provisions to said contract, then in stays the old provisions. This is where you Union is bound to only help you. Now don't blame the Union if the employees never asked for revisions to the workmens compensation provisions. It's up to the Members of the Union to bring on new up-dated provisions when ever their contracts are up. In other words, a Union is only as strong as it members in that place of business.

For 5 years you been battling them, it's time to seak Legal help I would agee. I would of not have waited all this time. But again it's never to late. You did lose your job, and you will need to move from there.

If we knew what State this took place in, we might be able to add more for you.

Welcome to the Board here by the way.

[jayne]

most states do not require them to hold your job past 12 weeks FMLA....get a lawyer I bet you got a settlement coming...

[Bad Boy Bad Boy]

Also note;
Civil Court will rule in their favor, as long as the Bills have then been paid. It stinks but that's how it works.

Hint; You will need to contact all the Credit Bureaus and find out what information they have on. Then combat your credit scores by showing proof of who was to pay those bills. You will need to show proof of this, the commisioners rulings showing proof, and keep fighting it.

[sparkey]

Hawaii,
I am so sorry to hear about your injury and could not imagine how hard it must be for you as a single parent, and having a injury and dealing with all this. Remember there is people who care here, and can give you answers. They are a great bunch of people. You are not alone. Take care : )

[jayne]

Hawaii are you in Hawaii

[Bad Boy Bad Boy]

I was thinking that too Jayne, but didn't want to guess neither...

[jayne]

I really want some plumeria seeds right from the source would pay all costs

[hawaii1]

No I'm not in Hawaii one of my children lives there. I'm in CT. My union contract states employment up to 24 months. IC company ate up a year of my leave. My union Rep could of extented my time,I contacted the union before my 24 month leave. Nothing was done. I feel all systems have failed me.I will continue to fight.Times are hard right now for everyone not just those who are hurt and out of work. If I don't get back to my job soon, I will lose my home that I worked so hard for. Bad timing because the house market is bad, there's at least 5 houses up for sale in my nieghborhood and there has been no bites on them.I will continue to stay strong.I did not go out of work until 2006.