Wife on Light Duty Massachusetts

[666Slash]

Hi, thanks in advance for reading.....

My wife was hurt at work with a shoulder injury. Wew ent through a lot of stress between her HR lady for her employer and the insurance companies slow efforts to approve appontments. Employer never told insurance company that my wife was not working from Doctors orders either. We called inquiring about payments after a month to find out they didn't even know she wasn't working. Doctor gets a call from HR telling him they can create a light duty position for her in the office. She worked as a Home Health Aide working out at homes taking care of patients. Since she has been back to work inside for light duty, the HR lady has given her nothing but a hard time which seems like on the border of harassment as if she wants my wife to quit. Yells at her in front of other employees with no fault. Having other employees keep track of what she is doing. She threw a piece of paper on it hat says Light Duty and says it is a required form she has to fill out writing in what time she comes in, leaves for lunch, comes back from lunch and leaves at the end of the day. The HR lady told her she can't make up time. She originally worked hours that would work around her picking up the kids from school. When she had to go back for Light Duty, the set hours from 9 to 4. Unpaid 30 minute lunch. It takes an hour for her to leave work and get back to work to get the kids from school and bring them home. So she comes in at 8:30, 30 minutes early and uses that and her 30 minute lunch to get them. And then she tells my wife they won't pay her to go to her doctors appointment either for her injury. A job had also opened up inside the company that she wanted to take. It is something she could have done while on Light Duty. It is looking as if she may not be able to go back into the field. She inquires about the job and now there is a hold on that job opening. Her next doctors appointment is about 2 months away. Is what her HR person doing to her illegal? We feel stuck on what to do because we don't have the money to hire an attorney. If she don't get better in the next 2 months, the doctors want to go with surgery. So that means she can't quit. Is this HR person trying to set her up to fail to try and fire her? Can she?

Sorry for the ramble. I tried to throw in most of what I could to keep it kinda short.

Thanks.

[1171]

i'm not sure why she believes she can't quit.
is your wife making a false assumption about coverage?
FMLA protects your wife's job for 12 weeks while she is off work.
there are anti-discrimination provisions under work comp law. your wife can file a complaint if she believes there is retaliation because she filed a comp claim.
your wife should contact her union about HR behavior or talk to the owner/manager.

[UndercovrAngel]

Welcome to the work comp forum. Sorry that we had to meet this way though.

First of all, it costs nothing to consult with a work comp attorney and they work on a contingency fee where they get a portion of any monies that they get for you during your case and/or a portion of any settlement that you might receive at the end of your case. I would contact several now and find one that you are comfortable with and hire him/her ASAP !!! It sounds as if you need their help already.

First off, you need to make sure that your wife's employer filed a claim for the injury. If your wife was out of work for any amount of time and received no recompense from her employer while out, them she should be reimbursed through the insurance company. That is where the attorney would come into play. He would file for a hearing to get her back pay.

Unfortunately, it isn't unheard of for an employer to treat an injured worker like dirt when they come back to work on light duty. And yes, most are trying to push the employee to quit. No matter what happens.. your wife needs to stick it out. NEVER quit. Let her employer fire her instead. I know that it is hard to handle. But if she wants to continue getting all that she is due as far as workers comp benefits, it has to happen that way.

And if she has to have surgery, as 1171 said, she should have 12 weeks of FMLA that will cover her job while she is out recovering. If she doesn't have short term disability at work, them she would let the insurance company know that she will be out of work again (her Dr will have to fill out certain forms to submit to the carrier) and she will receive 66 2/3rds of her pay while she recuperates. Even if she can't return to work after the 12 weeks of FMLA are up, she will continue to get this pay.

I hope that this answers some of your questions. Others will be along shortly to give you more advice.

Angel ^j^

[Bad Boy Bad Boy]

There is nothing in the Labor Laws that state here the employer caused harassment, or anything else. The HR person is only been seen as acting like a jerk is all, and that isn't illegal by Law.

Picking up the kids from school isn't part of a Job Accomadation neither, her employer could even stop her from that if they wanted to.

Her prior hours of work, have nothing to do with her new line of work being Lite Duty now. her employer could also adjust her pay income to the standard of the work she now is performing.

All this is legal. Can't sue a person or employer just because a person acts like a jerk.

[sparkey]

I am so sorry to hear about what is already happening to your wife. Unfortunatly it sounds like you really need to start looking into a good workers comp. lawyer. I say this from experience. I never did hire one and should have. Everything for me was fine till I got my rating and then was sent to the WC doctor of their choosing to rate me. It is one big GAME they love to play. Pay a doctor big money to say you have nothing wrong with you etc. etc. Pay you late for your checks, and wait till you call to get your PIR award. As you can tell I had a bad experience and hopefully your wife will not. Nothing says that she has to stay at that place of employment. She can find another job within her restrictions elsewhere. I did.

I sure hope your wife is putting in the mileage for the doctors appointments round trip and sending it to her adjuster. Has her adjuster ever contacted her? Also if she is on medication, she should be getting her meds paid for also. When I first was put on WC I received a card for medication. Then after their doctor said I just had carpal tunnel recurrance and did not need medication, they stopped paying for it. INSTANTLY!

If your wife can keep working, I say work. If she stays out of work it can cause chronic pain and really is not good to be out a long time. Good to be around people. I was also told this from my PM doctor in the beginning. I was out for 7 months, but went back to work. Still in constant pain but manage with pain management medication and treatments.