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Need advice
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11-21-2008, 08:27 AM
Post: #1
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Need advice
I got a call from my oldest daughter yesterday that she returned to work after being out for 3 months for a pineal cyst plastic surgery. When she was 18 ( now 28 ) she had surgery to remove her large intestine due to Chrones. She had a colostomy bag for 2 yrs. and during that time she had a pineal Cyst which the doctors would not do surgery on till 2 yrs. later when they were to reverse the colostomy and hook her back up to her rectum. She now has a J pouch.
During that time her cyst got so deep that she has had 8 surgeries now to try to close it up and has had many doctors try different things to do it. It is now opening again and the doctors are at a loss of what to do now. She also has fibro and is going to a pain clinic and having PT/OT every other day.Her job is cleaning corporate Jets. She has alot of bending, stooping, getting on her knees etc. to clean them inside. Yesterday her supervisor asked her how she is doing. She has been back to work for 2 weeks now and she said she is doing good except her back hurts alittle. Her HR dept. insisted that she go to their doctor to be examined right at that time. Their doctor looked at her cyst and asked her many questions about her medical history and then gave her a note for light duty work. As soon as she got back to work she was called to the HR dept. and told they do not have light duty work and to go home. They would call her back on Dec. 20th. My question is. She went back to work and was not complaining and was forced to go to her works doctor to be examined. Then let go for a few weeks because of no light duty. The HR dept. was going to call her back last night and I have no idea why she was going to call, but my question is, she needs insurance because of her health problems and now what happens? She lives in NH and is she now considered on WC? Do they have to pay her now because they had no light duty and sent her home? She does not know what the WC insurance co. name is, or what to do. I know she is a big risk to the company with all her medical problems, but she has looked around for jobs to do and cannot seem to get hired right now. She really knew that this job would be hard to do with bending but still went back to work and was doing it without complaining. What sort of steps should she do now? Will she be paid to be out of work? I have always felt that she should be on SS because of all her health problems. Should she apply for SS? I know if the doctor writes that she has all these medical problems that she could possibly receive SS. I know she is still young , but she has been through a rough life. Any help, suggestions on where to go right now or what to do would be helpful. She cannot afford an attorney. I did tell her she needs to call a WC lawyer and get a free consult on what she needs to do and what her rights are. I know this site has very good information and I was just wondering what her first step to do would be? She is very upset now that she has no income and could lose her insurance. carpal tunnel recurrence/ neuropathy / RSD. 1/29/07 injury date. Permanent. PIR settlement 8/4/08 10% |
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11-21-2008, 08:49 AM
Post: #2
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RE: Need advice
Hi Sparkey,
A slightly different version of this happened to me years ago. I was kicked full swing and hard in the temple by a horse. I had a skull fracture, concussion and a huge laceration in the eyebrow, let alone tremendous pain in headache form. I could not funtion , let alone work. I had a Dr. slip that stated i would be off of work until further notice. Anyhow, when i returned to work by my own doctor's release, my company made me go see their on site company nurse. I told her i was still having pressure and pain in the face & head upon bending over. She took one finger and pushed down on the bridge of my nose & that motion about put me to the floor. She tells me i have a broken cheek bone and must return immediately to my treating md, and was in no shape to RTW...which i did, as she even made the appmnt for me! Long story short...after more xrays, I did have a broken cheek bone, and was off work for yet another 1-1/2 months. My insurance continued just as always. The only difference i had compared to your daughter was that I had also took out LTD insurance....so i was paid. But the insurance should not just stop. Since your daughter's cyst is not work related...it is not a wc problem.... Since Chrohn's disease is a life long illness that will require continued care...she should be able to file, and be awarded SSD. Medicare will be available to her after one year. Good luck to her and many prayers . Lilly ![]() I hope she feels better soon, 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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11-21-2008, 09:05 AM
Post: #3
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RE: Need advice
That is what I was thinking years go, that she could apply for SS. I told her it takes awhile and that she could be rejected at first from all I have read on here. Thank you and I am concerned alot about how she is going to have insurance to continue with her pm. I do not think she ever took out for short term disability. I would have to check with her on that.
I know she was on the FMLA and they forced her back after the 12 weeks. So she was out 4 months instead of three that I posted. I just remembered that she told me she had the FMLA and that is why she went back the beginning of Nov. Thank you Lilly for that information. carpal tunnel recurrence/ neuropathy / RSD. 1/29/07 injury date. Permanent. PIR settlement 8/4/08 10% |
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11-21-2008, 10:25 AM
Post: #4
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RE: Need advice
Sparkey, employer is only covering their fanny.
What your daughter needs to do, is have her Doctor write a letter for her. In the letter stating she is capable of Full Duty. By doing this, it takes the liability then off the employer, and puts her back to work. Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor. |
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