filed first WC - then was terminated...what to do?

[bagpussinamerica]

I really need some help here. I have been working for the last 3 years for a woman who needs total nursing care. It does involve very heavy lifting and moving every day and I work 7 days a week. I have had several injuries on the job, but never claimed since I was unsure how to go about and how I would survive. Then two weeks ago hurt my back on the job so badly that I was crawling around on all fours for days. I told my employer about the injury as soon as it happened...She was there, obviously. I had the weekend off because she went away. On the sunday I phoned to ask her to get cover since my back was so bad I couldn't walk, move, etc. On Monday I spoke with her about should I see a doctor to get meds to help. She said file for workmans comp.and see a doctor so I could get back to work asap. I filed. Went to doctor, who gave meds, said no work at all for at least a week, and ordered MRI. Said this type of injury could be permanent. I informed my employer, who said she would let me know what she had to do to cover my shifts. Heard nothing for a week. I emailed her, still nothing. Got my payslip and had to contact her about some missing hours. Got email saying she would sort it out, and by the way, she had to hire someone to take my job and wished me all the best. Thats all. I have never had aday off work, always covered for her other employees, and worked crazy hours. I don't get it. What happens now? Does WC still pay me? Now that I am not employed by her are they obligated at all? I am still waiting for results for MRI but even with meds I am still having some pain and find if I do anything that requires pushing hard forward or little lifting I get that warning pain that says stop. I am scared to death. I have a mortgage, a daughter, and now no job.

[frustratediw]

Helps to know what state you are in. Post it and someone will more than likely be along that can speak more to your specific situation.

You should still have insurance coverage for your injury. The employer or their insurance is still responsible assuming the claim is accepted by WC. If you have been receiving payments from WC those should continue.

[Tuffy]

First of all which state are you in? ,How can this employer have you working 7 days a week without a day off? what was your schedule, Was a Wc claim filed? Was this a home health care employer? Are you sure you don't have a job or just taken off that case untill you have healed and can go back to work on another case? There are a lot of answers we need in order to understand your position,. But if you were terminated WC and the employer are still responsible for your medical care and WC benifits.

[bagpussinamerica]

frustratediw Wrote:Helps to know what state you are in. Post it and someone will more than likely be along that can speak more to your specific situation.

You should still have insurance coverage for your injury. The employer or their insurance is still responsible assuming the claim is accepted by WC. If you have been receiving payments from WC those should continue.

I am in Montana. I am still in the process of the claim being accepted by w/c. They said it looked all above board and no problems. I am sure, if it is accepted and it should since the employer was there when it happened,I will get med benefit, but what about wages lost? I know i should get at least two weeks, but after that? Since I am no longer employed. I am completely stuck here.

[bagpussinamerica]

Tuffy Wrote:First of all which state are you in? ,How can this employer have you working 7 days a week without a day off? what was your schedule, Was a Wc claim filed? Was this a home health care employer? Are you sure you don't have a job or just taken off that case untill you have healed and can go back to work on another case? There are a lot of answers we need in order to understand your position,. But if you were terminated WC and the employer are still responsible for your medical care and WC benifits.

Yes, 7 days. Every morning weekdays. Two to Three dinner hours to prepare dinner, and two nights night duty. Every day. The job was private personal care. Although she is regestered as a business. It is all just her though. I defenately don't have a job to go back to. When I asked about this she just refused to reply.

I know I was a good worker since often she and others said that she would never be able to continue to go to university or work if I wasn't there. I could get her ready faster and better than anyone she had. Mostly because I am a qualified nurse back in
England but not here. So I do know how to lift and more clients, preventative care, etc. I took the job because the pay was better than any other job going. And I was new to the country , Just 6 months, when my husband up and left and justleft me with the bills, etc. No health insurance, no doctors, nothhing. No people support since I don't really know anyone outside of the person I worked for.

[1171]

Yes, workers comp is available as long has you have a claim against the employer.
It's not your insurance and doesn't change or drop when you leave the employment.
It's not like health insurance.
disability payments will continue until you've reached maximum recovery.

For information on Montana's benefits see the state website:
http://erd.dli.mt.gov/wcclaims/wccdocs/b...et2006.pdf

[red1030]

Hi bagpussinamerica..welcome to the forum. I am sorry that you are in this difficult of a situation, but since you are I am happy for you that you have found this site. This is great site with a lot of knowlegable people. It appears that you have been given some advice on how to proceed and some of your questions have been answered. The states web site is the best place to start because it will give you numbers of people to call to assure that all your claim has been filed and will initiate as soon as possible.

I was wondering why you are not working as a RN in this country. I am a RN and in the past a Director of Nursing. Through this role I helped many people obtain their license here so that they could work as a RN. I have never assisted anyone from England however. Does the Montana nursing board want you to take more classes or have you checked in to what you will need to do to to qualify to set for the nursing boards so that you can be come licensed in Montana? Also, just so you know, every state has a different criteria of education for their license. For instance some states expect you to have a bachlors degree while others accept an associate degree. I am asking this to open up potential opportunities for when you are medically able to return to work. This country needs a lot of qualified nurses. It is a shame if you could not work in the profession that you have been trained in. If you have any questions...just pm me...good luck in your claim and your life in the USA. Red

[jayne]

welcome to our family you are no longer alone........My advice would be to seek out a wc lawyer and get some info.....

[bagpussinamerica]

jayne Wrote:welcome to our family you are no longer alone........My advice would be to seek out a wc lawyer and get some info.....

Doesn't one need money to get a lawyer? At the moment I will be extremely lucky indeed to make the mortgage payment. At least I found that when I tried getting advice on divorce proceeding etc, a laywer wouldn't even talk to me until I could hand over a certain amount of money.

[AQA]

http://www.workerscompensation.com/regul...ategory=EE

Most states if not all, attorney's are limited to a percentage of your benefits. It cost nothing to call and ask what they charge.