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question about rights
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09-04-2008, 07:27 AM
Post: #1
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question about rights
I was injured at work in SC and my fingers were cut off at the first joint. I was told by another employer that when the safety team checked the machine I was injured on--the last mechanic that worked on it put the wrong screw in it-It is a machine drill" and the screww was sticking down to far and therefore caught my glove and twisted the ends of 2 fingers off. I had to have surgery to remove exposed bone. It has been 3 weeks since and I am still not able to go back to work. They want me to come back in and "sit" but I have to be off my meds. I canot do this as my pain s to bad. Any suggestions as to what I am entitled too. The WC lady is very nice-but I am wondering if she's just trying to get me back to work.
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09-04-2008, 07:39 AM
(This post was last modified: 09-04-2008 07:54 AM by Lilly.)
Post: #2
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RE: question about rights
You are correct to be wary of the NCM....most times they are NOT your friend....only attempting to befriend you....simply to get you back to work, healed or not. Remember, they work for the IC, not you. They are in place to save WC money, not to genuinely care about your health or outcome.
You listen to your teating doctor's orders, and go by what the written restrictions are. If they can come up with a job that follows your written MD orders...then you must go back....but since you are taking meds....this apparently is one of their stipulations that denies you to return to work. You are entitled to monetary weekly work loss payments "TTD" ( temp total disability mounting to 66-2/3 % or your past pay) as long as the medical doc has removed you from work. Usually this payment starts 9 days after the initial injury...but varies state to state....go to top of page in blue bar, and click on "state info" then choose your state and read up on your entitlements & rights. Good luck with the fingers....keep em out of bacteria's way! Prayers for you, Lilly
Injured worker, & tired of it all! I'm too old for games!! A careless word may kindle strife, a cruel word may wreck a life, a timely word may level stress, and a loving word may heal and bless! |
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09-04-2008, 07:43 AM
Post: #3
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RE: question about rights
There are significant economic penalties for lost time injuries and so employers may do what they can to reduce that exposure. How "sitting" leads to a productive happy workforce is another discussion. So yes, your employer would like to have you back for their benefit and arguably yours.
You are entitled to what you are currently receiving; coverage of your medical bills and compensation for your lost time. If the light duty stipulation is no meds (presumably ones causing impairment ) then you cannot return until you no longer need them. You are under no obligation to return and under no obligation to provide the employer with a note from your Dr. that you are on medications and so cannot return. The employer should make the first move via a formal release request from your Dr. outlining the proposed light duty position. So m,y advice is just tell the nice lady that you will let them know as soon as you are off the medication. |
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09-04-2008, 08:23 AM
Post: #4
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RE: question about rights
thanks for your reply--You know--the funny thing about all this is that the dr. they took me to after the injury--is in with the company I work for-----He told me he had treated several other people with the same injury-----will check into my state---thanks
Lilly Wrote:You are correct to be wary of the NCM....most times they are NOT your friend....only attempting to befriend you....simply to get you back to work, healed or not. Remember, they work for the IC, not you. They are in place to save WC money, not to genuinely care about your health or outcome. |
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09-04-2008, 07:12 PM
Post: #5
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RE: question about rights
[quote=vickie6116]
thanks for your reply--You know--the funny thing about all this is that the dr. they took me to after the injury--is in with the company I work for-----He told me he had treated several other people with the same injury-----will check into my state---thanks WHoaaaa, Vickie6116- "Treated several other people with the SAME INJURY"?? Find OSHA (Occupational Safety and Health Admin) and speak with an Attorney. On Second thought, Attorney first, let Attorney call OSHA. DH had posterior spinal decompresion, Bi-Lateral laminectomy L3-S1, Excision of L4-5 on L/side. 2/07 |
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