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Employer avoiding using workmans comp
#61
[quote='Mollylink' pid='166282' dateline='1512417946']
That’s good Tina, and I hope they don’t. Sounds like you are doing the right things. Hope you get to feeling better.
[/quot
Thank you Molly !
 
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#62
This whole workmen's comp thing is driving me bonkers !!!
NONE of this should have been this way, if my employer admitted that this injury was in fact an oncoming injury due to lifting over 12,000 pounds per day, and sometimes up to 25,000 # when palletizing five to six days per week !!
Between filing, seeing Doctor's one right after another, seeking an attorney, denial letters, follow ups, signing up for SSI, food stamps, trying to keep my head above water, is about to get the best of me...I guess that is how companies roll....Why the government lets them get away with denying it ,is beyond me !!
I think it is all a fraud....every bit of it !! No person should be denied. The company is the one who should be fighting to deny it. Not me !!! If that makes any sense... I should be given what is due to me, then let them use their attorney to fight it !!! Jeeze... The law needs to change. This is outright ridiculous !!!
 
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#63
(12-08-2017, 12:33 PM)tinainky Wrote: This whole workmen's comp thing is driving me bonkers !!!
NONE of this should have been this way, if my employer admitted that this injury was in fact an oncoming injury due to lifting over 12,000 pounds per day, and sometimes up to 25,000 # when palletizing five to six days per week !!
Between filing, seeing Doctor's one right after another, seeking an attorney, denial letters, follow ups, signing up for SSI, food stamps, trying to keep my head above water, is about to get the best of me...I guess that is how companies roll....Why the government lets them get away with denying it ,is beyond me !!
I think it is all a fraud....every bit of it !! No person should be denied. The company is the one who should be fighting to deny it.     Not me !!!  If that makes any sense... I should be given what is due to me, then let them use their attorney to fight it !!! Jeeze... The law needs to change. This is outright ridiculous !!!

You can ask your attorney if he recommends you follow up your conversations with your employer in writing by sending a letter to your employer about your attempt to return to work with restrictions, who you spoke with and the date and state again you would like to return to work under restrictions. Keep a copy. I like doing things in writing. FMLA protects your job for 3 months, not 12. Every state has different rules but there are also federal ADA laws, not sure if your injury or employer falls under this. You can contact an employment attorney to check if what they are doing is legal. Keep a log of what happens and make a paper trail with letters to your employer and send certified mail return receipt.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#64
(12-10-2017, 11:57 AM)California_Help Wrote:
(12-08-2017, 12:33 PM)tinainky Wrote: This whole workmen's comp thing is driving me bonkers !!!
NONE of this should have been this way, if my employer admitted that this injury was in fact an oncoming injury due to lifting over 12,000 pounds per day, and sometimes up to 25,000 # when palletizing five to six days per week !!
Between filing, seeing Doctor's one right after another, seeking an attorney, denial letters, follow ups, signing up for SSI, food stamps, trying to keep my head above water, is about to get the best of me...I guess that is how companies roll....Why the government lets them get away with denying it ,is beyond me !!
I think it is all a fraud....every bit of it !! No person should be denied. The company is the one who should be fighting to deny it.     Not me !!!  If that makes any sense... I should be given what is due to me, then let them use their attorney to fight it !!! Jeeze... The law needs to change. This is outright ridiculous !!!

You can ask your attorney if he recommends you follow up your conversations with your employer in writing by sending a letter to your employer about your attempt to return to work with restrictions, who you spoke with and the date and state again you would like to return to work under restrictions. Keep a copy. I like doing things in writing. FMLA protects your job for 3 months, not 12. Every state has different rules but there are also federal ADA laws, not sure if your injury or employer falls under this. You can contact an employment attorney to check if what they are doing is legal. Keep a log of what happens and make a paper trail with letters to your employer and send certified mail return receipt.
I write every call I have make to work, and left messages down in a spiral ledger. I have to fill out SSI papers tomorrow and talk with the attorney. I was denied working two weeks ago under light duty at my job. She bluntly told me you must be 100% able to do your job with a written statement from your doctor stating you can come back to work !
Hell I have not even had an MRI yet. My injury was from Aug 17,2017... The doctor here in Ky failed to mail the insurance company my x-ray that was taken that day.
They want nothing to do with working with a comp claim, that's it in a nut shell...
The Fmla May expire in 3 months I am not sure, but I will pursue this claim until my dying day, if must be !! They have caused me a physical, mental, and financial strain, from which I hold them accountable for !
 
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#65
You also have ADA rights to have employer discuss reasonable accommodation. They can't have a blanket policy that requires 100% recovery.
https://www.ada.gov
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#66
(12-11-2017, 01:31 PM)1171 Wrote: You also have ADA rights to have employer discuss reasonable accommodation. They can't have a blanket policy that requires 100% recovery.
https://www.ada.gov

I looked on that site, but it is to complicated to find that particular law.I just gave up...
 
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#67
(12-16-2017, 04:19 PM)tinainky Wrote:
(12-11-2017, 01:31 PM)1171 Wrote: You also have ADA rights to have employer discuss reasonable accommodation. They can't have a blanket policy that requires 100% recovery.
https://www.ada.gov

I looked on that site, but it is to complicated to find that particular law.I just gave up...

If you know where to find it let me know...thanks in advance
 
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#68
Ask your atty if they will help you with an ADA complaint.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#69
(12-17-2017, 10:14 AM)1171 Wrote: Ask your atty if they will help you with an ADA complaint.

I would ask ,but I am working temporarily right now at another job. I had to pick up something in the mean time.
The job I use to do part-time while working at the plant accommodates my disability. Although it is painful I have to work. It won't pay all the bills, but it can pay some.
I was told by a coworker from the plant I am fighting WC for, that they already gave out the Hams for X-mas and the X-mas party is next week... I was not informed of any of this nor invited.
I can only guess they do not want me back.
 
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#70
(12-17-2017, 10:29 AM)tinainky Wrote:
(12-17-2017, 10:14 AM)1171 Wrote: Ask your atty if they will help you with an ADA complaint.
Tinainky,

A complaint to ADA would not advance your case one bit in WC Court. The employer would reply with some BS response and with the burden on you to prove your case its doubtful you would even win your argument. Now you are labeled a troublemaker.

I am CERTAIN your injury is a result of repetitive motion in lifting so much weight repeatedly day in and day out and this king of work is infamous for causing spinal injury/disorders. Sadly the ins carrier chose to use the squeeze play, which forces an injured worker to work even though they may not be able to. You may regret this should your new part time job leave you in a wheelchair.

Returning to work will reduce your impairment rating for your final hearing which is what the carrier wanted from the start. I just hope one day the shoe is on the other foot with the shot caller on your case.

Im sorry I could not be of more help but it just the way the WC laws are worded that permits these delays and delays all along the carrier knows you have run out of money and need to survive.

Should your new part time job begin to severely exasperate your symptoms please stop and seek medical attention from a Dr you trust, as if there are ways in NJ for disabled workers to get help and free medical and drug coverage Im sure there are similar local programs in your area.  Just please make me this promise as I would have failed you in my mission as an advocate for IW's to let another get crippled just like I did in Nj the only difference is it was not your employer using their state's WC system as a weapon as was the case with me.

Im sure your case will begin to move along soon once they see your SS# earning $$.

We all wish you the very best and only you know your body's limits please do not cross your threshold of your body's limits as you are still in control of your future not an employer who doesn't care about its employees health more than profit

Wishing you well
BUG   




I would ask ,but I am working temporarily right now at another job. I had to pick up something in the mean time.
The job I use to do part-time while working at the plant  accommodates my disability. Although it is painful I have to work.  It won't pay all the bills, but it can pay some.
I was told by a coworker from the plant I am fighting WC for, that they already gave out the Hams for X-mas and the X-mas party is next week... I was not informed of any of this nor invited.
I can only guess they do not want me back.
 
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