Husband

[krist42]

Hi all, i need some help on my husbands case. He fell at work back in November of 2007. He landed on his back and after months of physical therapy and test ran, the doctor has stated that he needs to have a fusion on his L5 and eventually also on his L3 and L4. Two months after the injury he was released to light duty at work and has mainly just been doing office work but just this past week, they put him back out in the field doing light duty. Since he has returned he has been harrassed by almost every employee because he can not lift more then twenty-five pounds. They tell him he is faking, making more of this then it is, call him lazy, and thats just the nice stuff. He has also been called a woreless piece of Shi* and a f**king cun* and fingers pointed two inches away from his face while being screamed at and so on. Since his fall he has developed a herna in his groun, which is being operated on this coming Wendesday, which we have been told has nothing to do with the fall to his back. and then after six weeks they are going to do the fusion on his back. I guess my question is what can we expect from all this... and what can we do about the employee's that are harrassing him and discriminating against him every day at work... It's not just his other co-workers either. It's also his safety manager and his supervisors thats are participating in all of this. My husband and I are only 23, and before the incident he was in great shape, 6"3 and about 200 lbs and very athletic. Is this fall going to effect him for the rest of his life even with having the fusion done? Any suggestions, insight, or opinions of what to do would be greatly appreciated! Thank You- We live in Maryland...

[AQA]

If he is going to have the fusion done, he will be out of work for a while. May be just prior to returning to work, he should look for work else where.

Will the fusion haunt him for the rest of his life?? No one can answere. Every one of us is different. Back injuries can be very serious. There are some on here that are disabled because of a spinal injury. There are also a great number of people that have had a fusion done that are fine.

Just to give you a heads up. Workers' compensation is state specific. The laws are different from state to state. You may want to let us know what state you are in.

[1171]

he can file an EEO discrimination complaint.
http://www.eeoc.gov/types/ada.html

he should file a formal written complaint with the employer.
he should keep a log of names and dates and exact quotes.

[Lilly]

Hi, File the complaint with the eeoc as 1171 said. The injury in itself is stressful enough...he shouldn't also have to endure name calling and harrassment! Possibly that'll shut the co-workers up!!!
Prayers for you & him, Lilly

[hurt at work]

hire a attorney now and fight it.dont let it go, you go with him to any meeting he has at work for a back up in case it goes to court.do it,its for the best thing you can do.he needs a wittness to everything said and done.it will help in the end trust me.do it soon.good luck.

[krist42]

Thanks for everyone's help and advise. We appreciate it more then you know! We do have attorney, although I think we are going to start looking for a new one because when problems like this arrise, it takes him days to get back to us on how to proceed! Thanks again!

[backache]

Krist Good luck to you and your husband. As the others have mentioned this is a very stressful ordeal you and he are going through so file the complaint to stop the childish name calling that is being done.

[krist42]

My husband spoke to his lawyer about filing a complaint with the eeoc. The lawyer told him it was not necessary because that is for people that are discriminated for there race, or or have a mental or physical disability. I do not think this lawyer is truly looking out for our best interest. Also since my husband has been injured there has been a women that has met him at every doctor appointment and stands in on them. She is from the insurance company.... After doing some reading, I have discovered that we did not have to let her sit in, which we thought we did and that the lawyer is the only one that should be corresponding with the insuance company, not us.. I am starting to think we are getting taking advantage of because we are young and have not been through anything like this before....

[Lilly]

Hi, This is a nurse case manager (NCM) that is accompanying him to his doctor visits. She works directly for the IC. She is NOT your friend, so be very careful what you say to her....as she will report everything back to the IC. Like if she asks how your hubby is doing, & he says fine.....she'll run back to doctor & IC saying he admitted he was fine! When in fact it was simply small talk.
Your lawyer can & should put a stop to her sitting in during his appmnts. Her main goal is to sway the MD into getting your hubby back to work ...even if he's not physically ready! So, be very wary of her.
take care Lilly

[krist42]

I forgot to add that at the first appointment when this women showed up she asked if we had a lawyer and we said yes and she said she would contact him and make sure it was okay with him if she attended the appointments with us... The lawyer told us that is was fine....