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Need help with this one...
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01-20-2008, 04:20 PM
Post: #1
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Need help with this one...
I was injured on the job on December 29th. I suffered a compression Fracture on my L1, fracture of the right wrist, and received a concussion with 7 staples in my head. I twisted my doctors arm to allow me to go back to work, as not to make it out like I was trying to milk the system. He put such restraints on me that he thought my employer would have nothing for me to do until I healed completely. They allowed me to come back and said they would find something productive for me to do until I was well again. After the first day of work...i returned the second day and was told that I was being terminated. So, now, they say they will pay for the medical bills, but not 75% of my pay. I am unfit to work most any job right now, and I'm not eligible for unemployment benifits due to that fact. Anyone have any experience with this, and if so, please share it with me.
Much Thanks in advance. |
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01-20-2008, 04:33 PM
Post: #2
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RE: Need help with this one...
Did you file an injury report? If you did it's not up to the employer to personally pay for your medical and wage loss. You will go into the workers compensation system. If your claim is accepted wc will pay your medical and % of wage loss until you are placed at maximum medical improvement.
If you will go into user cp and put your state in others will be able to be of more help. WC is different for each state, so if people know which state you are from, you will get better answers. |
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01-20-2008, 08:57 PM
Post: #3
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RE: Need help with this one...
Most states require work comp carrier to pay disability when employer is no longer providing light work. Contact the work comp company so they can verify information and start benefits.
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01-21-2008, 06:43 AM
Post: #4
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RE: Need help with this one...
question is why were you terminated? was it because of your injury and the fact that they had no light duty work available for you?
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01-21-2008, 08:28 AM
Post: #5
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RE: Need help with this one...
Hi.
I have another question...did they allow you to return to work with a cast on your arm? Lilly PS....what state are you in?
Injured worker, & tired of it all! I'm too old for games!! A careless word may kindle strife, a cruel word may wreck a life, a timely word may level stress, and a loving word may heal and bless! |
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01-21-2008, 07:24 PM
Post: #6
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RE: Need help with this one...
Lilly Wrote:Hi. I returned to work with 7 staples in my head, and a brace on my forearm....still to swollen for a cast. I am in North Carolina. I was told that I committed a safety violation, but know I did not. Thanks in advance for any help. |
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01-22-2008, 10:54 AM
Post: #7
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RE: Need help with this one...
Hi Blade,
IMO, i can't believe they accepted you back to work with stitches in your head AND a brace on your arm! Like, How safe is that??!! If you don't mind my asking, what type of work did you do, and how did you obtain your injuries? What safety violation did you supposedly commit? What was the reson they gave you for termination? take care, Lilly
Injured worker, & tired of it all! I'm too old for games!! A careless word may kindle strife, a cruel word may wreck a life, a timely word may level stress, and a loving word may heal and bless! |
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01-22-2008, 11:18 AM
Post: #8
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RE: Need help with this one...
Lilly Wrote:Hi Blade, Yes, I twisted the doctors arm to allow me to go back. I didn't want to appear to be trying to take advantage of the system. He put such restraints on me that he said surely they won't have anything you can do until you heal completely. I was a Dept. Mgr at Lowes Home Improvement. I was helping a department do a reset, which means changing shelves around...etc. The thing is that the #3 man in the store was doing the same thing I was doing, but while climbing down out of a bay, a beam popped loose I had my hands on and I took a fall backwards onto the concrete floor. They said I was over 4 feet and not strapped in. Which is something that I didn't know and if I was terminated for that, they would have to terminate 50% of the people in the store right now. We opened up last April, so most all of us were new employees. Back to the doctor....After he put the restrictions on me, I called my HR Manager and told her the restraints. She told me to come in the next day, and I could help her do some work. This made me feel great because I would be able to be productive. I worked that day, left early to go get the staples out of my head, and went home. The next morning I came in and that's when they told me I was terminated. My fall wasn't caught on camera and nobody really saw me fall, but I know I wasn't over four feet in height when I fell. Some of the other managers told me that it was probably due to the fact that they looked at me like a liability due to the compresson fracture in my spine. Who knows. Yet, I am now unable to work due to my injuries, and they won't pay the 75% of my pay. Terrible situation... Thanks in advance for any advice. |
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01-22-2008, 12:09 PM
Post: #9
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RE: Need help with this one...
Get a cert WC lawyer. If they cannot prove you sustained your injuries from a fall over 4'...it's your word against theirs. Also, it's the companies responsibility to train new employees about safety hazzards and safe practices.
Lilly
Injured worker, & tired of it all! I'm too old for games!! A careless word may kindle strife, a cruel word may wreck a life, a timely word may level stress, and a loving word may heal and bless! |
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PS....what state are you in?