Employer may be shady

[arabjakd]

My husband ended up with a hernia due to having to perform his job by himself. Lifting an air conditioner unit because the other person on the job refused help. Ok whatever right? Anyway, the issue is that even though the doctor put in the report that he is not to lift anything heavier than 15 pounds until surgery and recovery the employer is constantly telling him to do things that go against these orders. Then gets mad when my husband refuses. Also, they have told him that they will not even begin to pay w/c benefits while he is out for the surgery and recovery until he has used all of his sick/vacation time. Is this even right? It sounds pretty messed up to me. Any advice or links for research would be helpful at this point.

[jayne]

ok your state will help...as far as WC benifits most do not pay the first week until you have been out a week then they back pay.I believe for surgeries they start at day one unless you can be cleared to go back to work next day...My hus band had a forman like that and ended us having to have the surgery redone...the forman got to find a new job after the union called hr and the doc said it was a reinjury due to follow orders...honey was told you will do this or be fired.....and others heard him saying this so union was called ......Talk to your Doc and let him know he is being bullied to NOT follow orders....The doc may take him off work

[Lilly]

Hi & Welcome,
First off...please tell us your State....so you can be properly answered as WC rules are state specific.
Now, has your husband even filed a job/WC injury claim with his employer ? If not he must do this...go to his HR and ask to file a job injury claim. Possibly his employer does not have this coverage and things are different then, according to what State this happened in.
Did hubby tell his doctor this was a work related injury? The doctor must have this statement in his notes...call the doctor and make sure it says this was work related.
Did your hubby receive a slip from the MD telling what his restrictions were? If so, make a copy of it, keep one, and supply one to your boss. Your boss has to abide to the MD's restrictions...and since he is not...he may be innocent & not have anything telling him what your restrictions even are, or he may be a heal!
So please fill us in a bit more...so someone can give you direction.

Take care, calm down, someone will help/answer soon. Lilly

[1171]

sounds like the employer may not even have work comp insurance. some states allow you to check coverage online. others you can put in a request.

[Bad Boy Bad Boy]

Sounds to me more like the employer is using their FMLA where your time is used up first.

[arabjakd]

Lilly Wrote:Hi & Welcome,
First off...please tell us your State....so you can be properly answered as WC rules are state specific.
Now, has your husband even filed a job/WC injury claim with his employer ? If not he must do this...go to his HR and ask to file a job injury claim. Possibly his employer does not have this coverage and things are different then, according to what State this happened in.
Did hubby tell his doctor this was a work related injury? The doctor must have this statement in his notes...call the doctor and make sure it says this was work related.
Did your hubby receive a slip from the MD telling what his restrictions were? If so, make a copy of it, keep one, and supply one to your boss. Your boss has to abide to the MD's restrictions...and since he is not...he may be innocent & not have anything telling him what your restrictions even are, or he may be a heal!
So please fill us in a bit more...so someone can give you direction.

Take care, calm down, someone will help/answer soon. Lilly

Ok first off, Arizona. Yes it was reported as a work injury. The file has been accepted as such and all of his medications, doctor visits and surgery is being taken care of by the insurance company from the company. His boss has been supplied with the doctors orders and is well aware of his limitations. he just has to be reminded 2 or 3 times a day. Currently my husband is still working up until the 23rd of Feb, after surgery he was told he would be out of work for 2-4 weeks. That is when his company told him that his w/c benefits would not kick in until he had used all of his sick time and vacation time. That totals 6 days as of now. Once his sick and vacation time is used he has to be off work for 6 days by Az law to begin w/c benefits. By that time he will probably be back on his feet. So he would end up losing a week of pay and have used up his vacation and sick time and after the surgery they are putting him down to part time so he will not be elegible to earn any more vacation and sick time.

[Bad Boy Bad Boy]

Here is the thing, you can't always go by what the employer is saying, for the Insurance Carrier may wish to do things differently.

He should know the Name of the Carrier, the Adjustor, and phone number to contact the Adjustor. Then if need be, ask them question, but don't say anything about what the employer states.

And why is it he will be going to part time after surgery, and not before surgery?

[arabjakd]

Ok I will have him check with the adjustor. There are 2 positions open here 1 for courtesy officer and one for maintenance. The maintenance woman doesn't do her job therefore they are always pushing the maintenance off on him which is how he got hurt. So to avoid future injuries they are going to "allow" him to go strictly courtesy which is what he was originally hired for.

[Bad Boy Bad Boy]

And that doesn't sound like Part time work...??

[1171]

AND CHeck out their web page
http://www.ica.state.az.us/