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I was told I will be fried - Printable Version

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I was told I will be fried - dbowlin1414 - 11-05-2013

Ok, On June the 16 this I got hurt while on the job, went to the hospital, then the next day went to a ortho sports surgeon. We did a Mri and it showed a tear in my roe-tater cuff, I had surgery on July 11th, did Pt for a while, I felt something wrong in my shoulder, I was in unbelievable pain, I had to fight with the nurse case worker, my work, etc.. Finally I was able to get a 2nd Mri, and it showed a greater then 50% tear again in my shoulder. I had another surgery on Oct 17th of this year. i went to my post app, the dr has me no driving,no use of right arm, with be said the left arm has to stay at waist level only as I am having pain with this shoulder as well. Anyway, I gave the note that dr gave me, to my work, the workers comp adjuster, and my work is saying this is still no reason for me not to return to work, and if I do not, I will be fried, can this happen? I cant get to work cause I am not allowed to drive.


RE: I was told I will be fried - 1171 - 11-05-2013

I think you meant to post "Fired" not fried?

if your employer has work within your doctors restrictions, they can stop your disability payments.
you don't have to do work that your doctor told you to avoid.
if you have questions about what work you can or can't do, discuss it with your doctor.
if your employment is covered by FMLA, you have 12 weeks of job protection.
tell your employer you want to file for the Family & Medical Leave Act protection.
more here
http://www.dol.gov/whd/fmla/


RE: I was told I will be fried - darrinb - 11-05-2013

(11-05-2013, 08:40 AM)dbowlin1414 Wrote: Ok, On June the 16 this I got hurt while on the job, went to the hospital, then the next day went to a ortho sports surgeon. We did a Mri and it showed a tear in my roe-tater cuff, I had surgery on July 11th, did Pt for a while, I felt something wrong in my shoulder, I was in unbelievable pain, I had to fight with the nurse case worker, my work, etc.. Finally I was able to get a 2nd Mri, and it showed a greater then 50% tear again in my shoulder. I had another surgery on Oct 17th of this year. i went to my post app, the dr has me no driving,no use of right arm, with be said the left arm has to stay at waist level only as I am having pain with this shoulder as well. Anyway, I gave the note that dr gave me, to my work, the workers comp adjuster, and my work is saying this is still no reason for me not to return to work, and if I do not, I will be fried, can this happen? I cant get to work cause I am not allowed to drive.

Like was said before. If your job can find you work within your restrictions you can return to work. If you have not done so already & you think that your rights are being violated then speak with am attorney


RE: I was told I will be fried - dusty boy - 11-05-2013

Most people that get hurt at work get fired if recovery takes too long


RE: I was told I will be fried - Debradough - 11-05-2013

(11-05-2013, 01:44 PM)dusty boy Wrote: Most people that get hurt at work get fired if recovery takes too long

Yep! True story.


RE: I was told I will be fried - dusty boy - 11-05-2013

I worked for my company for 35 years, and never missed a day. Not even for vacations.
Once I was hurt,and unable to do the same work, I was left go for missing time


RE: I was told I will be fried - dbowlin1414 - 11-05-2013

Well my lawyer that I have stated that I have to find my own ride to work, since I am not able to drive, now my work is not willing to work with me on the hours, so that I will have a ride to work, If I am not there by next week, I will no longer have a job, and was told that my settlement will be less, because of how bad my injury, I have already told I will never have full use of my arm again. I think this sucks


RE: I was told I will be fried - 1171 - 11-05-2013

your settlement is not based on whether you have a ride to work or end up fired.



RE: I was told I will be fried - dbowlin1414 - 11-05-2013

Thats what I was told, I think don't have a very good lawyer.. What I meant was, if I don't show up, then I have no job.. the lawyer stated that if I get fired, that it will cap my benefits, plus i will not get as much of a settlement because I got fired. The only reason I am being fired is because I have no way to work, my doctor has me no driving at all




RE: I was told I will be fried - 1171 - 11-05-2013

yup,
don't think your lawyer knows much comp law.
you can find california comp lawyers here
http://www.caaa.org.