Injury at work not caused by accident - Printable Version
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Injury at work not caused by accident - donkeydo - 01-02-2009 02:11 AM
The company I worked for was sold to another company on Novebmer 11th. From November 11th to Dec 1st, I worked around the clock to help the transition from one company to another.
My arm and shoulder actually froze on December 2th. The problem is that they terminated me (the HR manager) on December 1st. Since I called to report a work-related injury due to the stress and ongoing problem I was and had been having with my shoulder and arm, I know that it is work related. They denied it (without checking with my doctor) and the decesions was based on the investigator saying "I beleive this was not due to an accident." It wasn't an accident, this injury accured over time but are work related. What do I do? I've getting treatment on my own because I have no choice. The doctor also mention carpal symptons as well. Should I get an attorney to represent me?
RE: Injury at work not caused by accident - fireball - 01-02-2009 07:07 AM
donkeydo, sorry to hear about the "accident" work comp is never fun nor pleasant to deal with and it sounds like youve only just begun
kinda confused--did you work on the 1st or did you call and tell them on the 1st about your condition. or what date did you call them. either way it really does not matter. all companies have standard procedure to follow for work related injuries. if you were at work when you reported it they have forms that they are required to fill out and so are you. if you are claiming the injury after the termination i would suggest an attorney. i dont know about all states but in illinois the attorneys are not paid unless they win your case. when you call the office they will let you know if they think you have a case and then set up an appt for you to come in. the best advice i can give you is write down everything--doctors appt, phone calls,keep all paper work you have or do get from the company
fight for what is due to you--companies have insurance to cover such "accidents" that you have
good luck--call an attorney and don't talk to the company until you do
RE: Injury at work not caused by accident - capricorn - 01-02-2009 08:09 AM
If I'm reading correctly , you worked on the 1st, were then terminated,and claimed to be injured on the 2nd. Before you reported the injury I am assuming they told you that you were terminated??? If not,It could be grounds for a wrongful termination suit which is hard to win, if you were terminated for being injured or filing a WC claim. That being said I would speak to an attorney immediately. It appears you have a WC claim that won't go anywhere without you filing it OR having an attorney do it for you which would be my choice since your case could be complicated. An aggravation of pre-exisiting conditions are still covered under WC and also the wear and tear on your shoulder could very well have happened over a period of time. If your Dr. is stating that this is work related, take that note and any other infor you can get (The employers IC, any paperwork pertaining to your termination, etc) and find a good WC attorney. He/she may at some point have to also send you to an employment attorney for the wrongful termination. It is not lawful to terminate an employee in retaliation for filing WC claim. Alot of employers have a sneaky way of getting about termination lawfully. Best advise I can give you is an attorney.
RE: Injury at work not caused by accident - donkeydo - 01-02-2009 08:20 PM
fireball and capricorn: thank you both! I've checked into the attornies in our area and there is a workers comp lawyer. I'll let you know how it goes. It's sad that the laws our country makes to 'protect' the employees are the very ones that the companies are allowed to break without consequences. They know they can get away with it because the employee doesn't have the money to do anything. These Chicago guys are terrible to deal with. They are hostile and can get by with it.
Thanks for your advice. I'm taking it.
RE: Injury at work not caused by accident - capricorn - 01-03-2009 09:20 AM
That's great. Let us know.
RE: Injury at work not caused by accident - fireball - 01-04-2009 03:38 AM
DON'T I KNOW ABOUT THE CHICAGO ONE'S!!!!!!!!!!!!!!!!!!!!!!!! THEY ALL THINK SOMEONE PLACED A RED CARPET FOR THEM TO WALK ON IN CHICAGO.
WELL I'LL BE THERE IN FEB AND I INTEND TO WALK IN AHEAD OF THEM AND STRUT MY WAY OUT!!!!
WISH ME LUCK
RE: Injury at work not caused by accident - donkeydo - 01-05-2009 11:05 AM
Good for you! We'll keep moving forward!