Lost Senority after 25 yrs. of service

[Confusedd]

Wow, first off what a great new website for the W/C board. LOVE IT!

Now, I have just recently been told that because of how long i have been off I will have to return as a new employee if I return. I have worked there for 25yrs. really don't seem fair.

The Defense has made the 3 AME appts that I have had very far from each other, with the last one I attended took 10 mo's. almost seems like they needed to make sure I was off for the 30 months needed to loose all my senority.

I was just wondering if any one else has had this problem and if so is there anything i can do about it.

Thanks
in advance
Confusedd

[Bad Boy Bad Boy]

My understanding is, when injured, an employer can put you on Family medical Leave (FMLA). Which after 12 weeks, you could simply lose your job. Then the employer could let you re-apply for employement. Also, considering any Restrictions you may have. The answer to your question though, is yes, I've heard this many times before.

[Confusedd]

Bad Boy Bad Boy Wrote: My understanding is, when injured, an employer can put you on Family medical Leave (FMLA). Which after 12 weeks, you could simply lose your job. Then the employer could let you re-apply for employement. Also, considering any Restrictions you may have. The answer to your question though, is yes, I've heard this many times before.

[Confusedd]

Thanks Bad Boy, Just seems so unfair, I am not yet P/S but i am sure as soon as i am this will be the results.

But, then again not much of any of this has been too fair.

Confusedd

[grundig]

25 year,s DAMN ,,,,,,I feel for you,,,,,,doesn,t seem fair,,,,,but unfortunatly that,s the cold hard reality.
Any way I talked to my employer yesterday,,,,told him what wc had done to me,,,, he was really upset,,,say,s after I,m back to work ,,,he,s gonna cancel the IC and get a new one.
so appearentely it DOES make a diff. in who the IC is

[Still in Limbo]

I'm very sorry to hear of your situation. It's a shame to put that many years with a company to have it taken away, and seemingly not be able to do anything about it. Did you speak to your attorney about this matter? Have you checked your State laws regarding being injured and losing your seniority? I'm assuming there is no Union involved to help you. I'm just throwing a few things out there for you to think about, my Father lost his seniority as a Foreman at the steel mill when they closed years ago, so I know how devastating this can be. I wish you the Very Best, and Hope you can find some way to get those years back!!!

[Confusedd]

Still in Limbo Wrote:I'm very sorry to hear of your situation. It's a shame to put that many years with a company to have it taken away, and seemingly not be able to do anything about it. Did you speak to your attorney about this matter? Have you checked your State laws regarding being injured and losing your seniority? I'm assuming there is no Union involved to help you. I'm just throwing a few things out there for you to think about, my Father lost his seniority as a Foreman at the steel mill when they closed years ago, so I know how devastating this can be. I wish you the Very Best, and Hope you can find some way to get those years back!!!

[Confusedd]

Thanks Still in Limbo,
Not really sure what will happen, I will just have to wait until I am P/S and see what the next step will be.
I just have to wonder, how the workers comp system really helps the employee, After I all have bee through and after all the post's I read about how unfair everyone is getting treated, it just does not seem to be on the injured workers side.
Thanks
Confusedd

[Still in Limbo]

At this point, the lobbyists from the i/c's are currently controlling this system. They pay off the appropriate lawmakers and laws are passed in their favor. They view everyone injured as a faker, a criminal trying to take the easy road and not work, and in many cases, they get away with it. It's the fighters like the ones on this board that rock the boat and not let them get away with it. It's a long and hard road, and a lot of people either don't know their rights or rely on w/c as a true and just system. Those are the ones they win with. Hang in there, we will help you fight the fight, thats what this forum is about, and you will find knowledge here from many good people that have been down the long road and can guide you in the right direction!! It's by no way going to be easy, but I have learned so much on this forum, I don't know if I could have lasted this long without their help!! You are on the right site if you want to fight and win!!!

[1171]

You need to update your profile to include your state.The work comp laws covering your situation depend on which state laws you are under. We can't give specific answers until we know what your laws say about the issue.
In General most states have anti-discrimination provisions that protect employees from retaliation for file a claim. If you believe your loss of seniority was directed at you for filing a comp claim you can probably file a discrimination complaint with your state work comp board.
A general answer is the best we can do when we don't know your which laws you are under.