manager in training

[MYREGRET]

hello i am not sure how to say this but i was working as a manager in training in illinois and i had a full case of FF fall into my neck and shoulder and i never filled out a report, well i had a dr appt already scheduled so when i went i told him i thought i was having a heart attack because the pain was in my collarbone area down into my arm. i had previously seen that injured workers in my place of employment get fired, i have heard the big bosses tell other to GET RID OF THEM. i did all this with the intention i could keep my job!! well i lied about what happened to me the day i got hurt and said i twisted around while getting bread racks from the freezer and my foot caught the bottom of the rack holder and i had a pop in my neck. well i had to have a multilevel neck surgery WC approved me then denied me all within a month. i had previous low back surgeries and have never had anything wrong with my neck before i think the WC judge ruled against me for that reason is there any way that i can reverse this problem i got hurt in may 09 and still unable to return due to my low back problems again. please if there is any hope please let me know. i wanted to keep my job i wasn't worried about the money i just wanted them to pay for my neck surgery

[1171]

if the judges decision was less then 30 days ago, you can appeal.
if not, your comp case is done.

[LeglEgl]

Moral of the story ......... always tell the truth, and always exercise your rights.

There is a legal theory called "laches" , which means an "unreasonable delay in claiming or pursuing a right of claim". Essentially, this means that if you "sit on your rights, you lose them".

As soon as you fabricate a cause of injury, you've surrendered your rights to make a claim and dismantled your credibility. Even if a WC case was to move forward, you've already established that you can't be believed. The employer and insurance company will descend upon you like roadkill.

I'm certainly not judging you, but I think you've written this chapter yourself, and you'll probably have to live with reading it every day from now on.

[1171]

comment:
i believe there would be less employer intimidation over work injuries if there were more support for unionization and if work comp attys pursued the anti-discrimination provisions that are part of most work comp laws.

[LeglEgl]

(08-22-2011 08:20 PM)1171 Wrote:  comment:
i believe there would be less employer intimidation over work injuries if there were more support for unionization and if work comp attys pursued the anti-discrimination provisions that are part of most work comp laws.

I couldn't agree with you more !! If more WC attorneys would brush up on the ADA and pressure for enforcement, there would be less intimidation by ER's to discourage IW's from filing for relief.

This person's story is exactly what's wrong with the system(s). The IW's fear of reporting an injury, then trying to make the situation more believable by creating a scenario to explain the incident is a product of that intimidation.

It's unfortunate that an IW falls into the trap of concocting a scenario rather than feeling comfortable enough to say truthfully what happened. Connecting the traumatic incident to the pathology of the actual injury, in this case, doesn't match, and a good ER/IC adjuster will ferret that out by looking at the medical evidence.

For example, a case of French Fries striking the neck and shoulder will demonstrate injuries beyond a "pop" in the neck from turning quickly. There would be an "impact injury" as opposed to an "internal motion" injury. I know - I was an Investigator / Paralegal that handled PI and WC for many years.

If I had a client telling me this version of events, while I was surveying the medical reports, I'd have misgivings on representation.

[kwhite48]

(08-22-2011 07:15 PM)LeglEgl Wrote:  Moral of the story ......... always tell the truth, and always exercise your rights.

There is a legal theory called "laches" , which means an "unreasonable delay in claiming or pursuing a right of claim". Essentially, this means that if you "sit on your rights, you lose them".

As soon as you fabricate a cause of injury, you've surrendered your rights to make a claim and dismantled your credibility. Even if a WC case was to move forward, you've already established that you can't be believed. The employer and insurance company will descend upon you like roadkill.

I'm certainly not judging you, but I think you've written this chapter yourself, and you'll probably have to live with reading it every day from now on.

---

hey, what if somebody forgot that they had a workmans comp claim and then remembered later that they did. have a claim, but he hiring process is going forward. The old case is closed. At this point would you tell them, knowing that they would know that you lied? Or let it go and see what happens?

Needless to say, this is an alleged story. But if I did such a thing, I would NEVER ever do such a thing again. I'm sick with worry. That being said WHAT would you do?
If you want more private talk, please send it to my email kwhite4747@yahoo.com

[AQA]

You are posting on a thread that is 10 months old. Leglegl and the original poster has not been here for sometime.