Workers' Compensation Discussion Forums

Hello all , I am posting this to access your infinate wisdow , also because I cannot speak lawyer and have a couple of questions about my situation.
First of all , I live in Pennsylvania. I was injured on December 29 , 2008 , hauling a large piece of equipment up a steep incline. Went to the ER , XRAY 's showed a possible avulsion fracture (seperating the tendon from the bone,right ankle ) Was seen by a doctor at Corparate Care , where I was told that it was a severe sprain , to come back in a week.Went back , doctor told me that I was to discontinue use of my crutches , even though I told them that I could not stand on my Right foot , let alone walk on it.
They said to wiene myself off , and start seeing a physical therapist to rehab the ankle , went for a couple of weeks , with continued pain .The therapists continued telling me that there could possibly be something more than a simple sprained ankle , and wrote several letters to the doctor , finally convincing them to schedule an MRI.
The MRI showed that I had a major tear in a tendon in my right ankle , went in for surgery , the surgon found that the tendon under the one that I had tore was ruptured. That was February 18th , I am able to walk on it , although the pain builds up and I can't continue walking or standing on it.
I have kept in contact with the company I work for , everything seemed cool (it is a small company) , got a phone call today from a co-worker that someone had been hired in my place?!?!?!?!?
I know I am jumping the gun , I haven't talked to my employer yet , but can I be replaced legally? After all , I was injured performing the job that I am required to do for them.
I don't see how this is right , and I am screwed if it ends up that I spent 6 months out for an injury and end up unemployed.
Thanks for listening

yep after 12 weeks they can and will replace you........sounds mean but they gotta keep going also.....

hey i feal your pain ive been off since jan 9th just had surgery may 6th..medical is taken care of gettin a check every week but been replaced for the time being while i recover...hows wc treating you???

inpainokla,
WC has actually been pretty good so far , although thay are starting to get antsy and telling me that I am gonna have to see another doctor because this is taking to long! I asked her where her medical degree was from , she said she didn't have one , I said than how do you know how long an injury like this takes to heal?

are they payin you evey week??

Wannabee, first I wish you calm yourself.

Then, I want to put in the shoes of lets say any employer. (Right now, lets not think of you) Now say an employee gets injured. You as an employer need to get the work done, but you don't have enough people to go around. What would you do? As this employer, would you close your doors, lay everyone off, till the injured person returns to work, performing their duties again? Of course I know you wouldn't. But, the Laws and Rules of your State do allow the employer to keep their company running.

If you stay in good with your employer, keep them up to date on you and the injury, plus the time you need to heal, things might work out for you. Since it is a small company, they just might have feelings for you, and like to keep their employee's, as it is easier than training a new employee.

But, yes, anyone can be replaced after 12 weeks of Family Medical Leave (FMLA). Your protected for 12 weeks. Unless you have a Union, and your contract over rides the lenght of time.

For right now, you need to focus on healing and getting better. Try to keep giving your employer your out of work slips. Try to bring them in person. Make them feel comfortable with you, and sometimes you might get the same thing back.

You are assuming you are being "replaced". Maybe your employer has hired a substitute employee until you are able to return. Don't listen to other employees. That will always upset you, until you hear the facts. I've learned that lesson!

Here is a fact sheet regarding FMLA, and if you work for a small employer as you say, you may not qualify. Your employer must have at least 50 employees.

http://www.dol.gov/esa/whd/regs/compliance/whdfs28.pdf

WC Adjuster has a "book" that tells them how long an injury takes to heal. If you go beyond that time, they do get "antsy".

What symptoms do you have now? Describe if there have been any changes in your foot.

I am jumping topics a bit, but you are passed the first 90 days so you can treat with whoever you want. Furthermore, in PA the IC does not have a right to assign a nurse case manager. This is voluntary, and you can tell her to pack up at anytime. You can also forbid your doctors from talking to her and not let her attend any of your appointments. Since these workers are a few steps down (in my humble opinion) from demonic spawns, I never allow them to attend examinations with my clients.

a few steps down................come on Tim you know they are bottom feeders....lower than whale poop..............and meaner than a PMSing quarter whore.......