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back injury from two different employers - Printable Version

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back injury from two different employers - jat - 07-21-2011 11:56 PM

hurt back, L5 in 2007 filed W/C and went back to work after being off for a few weeks and several months of therapy. Changed jobs and hurt back in 2010 and in 2011, W/C on both but only a toal of two days off, put on light duty. Was told that if I have another incident I could be fired. Hurt back again in 2011 but did not report, afraid of loosing job. I'm in a lot of discomfort and pain numbness and weakness in both legs and pain is in middle back as well as lower back.
I'm 58 yrs. old and a heavy equipment mechanic, I know that I will hurt my back again as it seems to become injured more easily now. Any sugestions on what I should do?


RE: back injury from two different employers - Timothy Belt - 07-22-2011 09:28 AM

What state?


RE: back injury from two different employers - 1171 - 07-22-2011 12:21 PM

you should look for lighter employment. otherwise you'll end up with serious medical problems and little or no insurance coverage. ongoing treatment can destroy any savings or retirement $$ quickly.
re-think your decision to continue in your current occupation.


RE: back injury from two different employers - jat - 07-23-2011 09:35 AM

(07-22-2011 09:28 AM)Timothy Belt Wrote:  What state?

in Northern Minnesota, not a lot of job options. If I claim another injury can I be fired?


RE: back injury from two different employers - 1171 - 07-23-2011 09:38 AM

it's illegal to discriminate against an employee for filing a claim.


RE: back injury from two different employers - jat - 07-23-2011 10:02 AM

(07-23-2011 09:38 AM)1171 Wrote:  it's illegal to discriminate against an employee for filing a claim.

I am non union and @ home trying to get back good enough to make it to work next week can't use any meds due to drug testing (9 times in last two years) I think they are looking far a reason to get rid of me as I have become a liability to them. If they do fire me will I be able to collecy unemployement. I have a good work record only one sick day in three years also got a good review and raise before the back injurys now there attitude has changed towards me
(07-23-2011 09:38 AM)1171 Wrote:  it's illegal to discriminate against an employee for filing a claim.

I also had a knee replaced and was on short term dissability, not work related. I also had 9 stitches left index and crushed right index, fingers were W/C as well as two back injurys.


RE: back injury from two different employers - 1171 - 07-23-2011 11:17 AM

unemployment is not available for employees terminated for cause (fired).
if you are on lay off or the employer cannot accommodate your permanent work restrictions then unemployment benefits would be available.


RE: back injury from two different employers - jat - 07-23-2011 12:19 PM

If I claim W/C on my next back injury and I am sure it will be soon due to my previous injurys could I be fired? I know it is just a matter of time before they come up with a reason to get rid of me. My Dr. says my L5 is permantly injured how much longer I plan on working for this Co. If I loose my job it would be helpful to go out with some compensation until I can find figure out what to do. I'm still to young and not set up financialy to be able to go without. I also worry about future back issues.

Thanks for the imput I have a lot to worry about
If I claim W/C on my next back injury and I am sure it will be soon due to my previous injurys could I be fired? I know it is just a matter of time before they come up with a reason to get rid of me. My Dr. says my L5 is permantly injured how much longer I plan on working for this Co. If I loose my job it would be helpful to go out with some compensation until I can find figure out what to do. I'm still to young and not set up financialy to be able to go without. I also worry about future back issues.

Thanks for the imput I have a lot to worry about


RE: back injury from two different employers - 1171 - 07-23-2011 12:57 PM

yes you can be terminated any time.
having a work comp claim does not give a worker immunity from termination.
if the reason they fire you is because you had an injury or filed a claim you can file a discrimination complaint.
if your employment is covered by FMLA then you have 12 weeks of job protection
more on your FMLA rights here
http://www.dol.gov/whd/fmla/

if you have a work injury that leaves you permanently impaired there are additional disability benefits available.
more on work comp in Minnesota
http://www.dli.mn.gov/WorkComp.asp


RE: back injury from two different employers - jat - 08-07-2011 07:56 PM

I was put on W/C light duty (sedentary work) for one week and am now on W/C light duty (light work) and physical therapy for 5-6 weeks. My employer met with me and talked nothing about the injury or W/C but did ask me to sign a performance evaluation that was full of false dates and issues I refused to sign but did make notes explaining the lies. I noted on the form that the information was entirely false, I initialed and dated, made a copy and gave to my boss. There is also an accusation from a person stating I had accused him, a supervisor of not doing his job This person does not work for my company. I keep a daily log book (almost a diary of sorts) and I can go back from the day I started and with great detail explian each days activities and who I talked with. I also have recorded several conversations since I was put on W/C. I was told by a coworker today that the manager and asst. manager are going to fire me as soon as they can. The Co. also sent to all branches through out the US my name and a list of my W/C injuries many have been posted for all employees to see. any advise?