Back Injury in Ky

[BrokenWing2009]

Hello all. I was hurt on the job in Kentucky. I have a bulged disc in L4/L5 and a slipped vertebre.
Its been almost 8 months and I could literally write a 1,000 page book of all the crap that I've gone through this entire time... which Im sure most of us here could. Just a few questions that arose today that I'm hoping some people can answer. I do have a lawyer by the way, I just haven't been able to get ahold of him to ask yet.
1)Early this morning someone from my work called to ask me how I am ... I was asleep and I am on narcotic pain relievers so I wasen't thinking clearly I am guessing I shouldnt be talking to anyone from my work.. but I do remember saying Im still not geting paid my correct amount because your wc ins company wont re-request the correct amount even tho my atty said it wasent correct. Also I said my esi didnt work and they denied the 2nd one, prob because 1st one didnt work, and that my doc wants to try one more diff inj - if that gets denied or doesnt work then my only other option is surgery - A lower lumbar fusion - then the person from my work told me I am still employed there but I will need to write a letter to the hospital I work at to request Medical Leave and that should protect my job.....for 12 weeks... but said nothing about what happens afterwards ... I haven't been able to work for almost 8 months so wjhy are they telling me to request that now? Won't I get fired after those 12 weeks?? I am no where near being able to return to my job and I don't want to get screwed because they fire me and cut me off.
So my questions are ....
**Can my employer make me write a letter for medical leave and can they put me on medical leave with out my consent?
**Can I get fired/letgo/laid off wether Im on medical leave or not if I have a on going workers comp case and cannot work at all?
**If someone from my work calls or an old co -worker that I'm friendly with wants to talk to me, should I not talk to them at all??
** I would like a 2nd opinion about the lower lumbar fusion surgery Does anyone know a great Orthapedic Surgeon in the Lexington area ??
Thank you for your time, any input would be much appreciated. If you need to know more about my situation to answer my questions just let me know. Thx again.

[1171]

no they can't make you.
they can put you on Family and Medical Leave without your request.
yes you can get terminated while on workers comp; having a claim does not give you immunity from termination.
FMLA gives you 12 weeks of job protection. After that you can be terminated.
more information about your FMLA rights
http://www.dol.gov/esa/whd/fmla/

[BrokenWing2009]

1171 Wrote:no they can't make you.
they can put you on Family and Medical Leave without your request.
yes you can get terminated while on workers comp; having a claim does not give you immunity from termination.
FMLA gives you 12 weeks of job protection. After that you can be terminated.
more information about your FMLA rights
http://www.dol.gov/esa/whd/fmla/

Thank you for the reply, just one more question..

**Wether they put me on medical leave or not if they fire me, will my wc benefits stop? my weekly pay, my medical and the possibility of a settlement to cover future medical exp?


oh and one more thing hehe..

**If I go on medical leave wont they stop paying me? I see medical leave is unpaid ?

[1171]

no it won't change.
workers comp is not insurance on you and you don't need to remain with the emplolyer. it is insurance coverage for the employer against your claim. the employers comp coverage remains in effect even if you change employment.
FMLA rules require that they offer COBRA to continue your health insurance.
A covered employer is required to maintain group health insurance coverage for an employee on FMLA leave whenever such insurance was provided before the leave was taken and on the same terms as if the employee had continued to work. If applicable, arrangements will need to be made for employees to pay their share of health insurance premiums while on leave.