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Georgia can't get a new job after wc - Printable Version

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Georgia can't get a new job after wc - Kmissie - 06-12-2017

Hello everyone. First post. Georgia

My husband was injured on the job November 2014. He went to the doctor and the doctor said it was an injury caused by his work.
My husband worked around high voltage in very tight quarters. He had lost sensation in his hands, shaking, etc. so you can see how this can be very dangerous.

At work he asked to file a workers comp claim and was given the paperwork. He submitted it to his employer, but the hr department never submitted it to their wc insurance company. They put him on what they called light duty during this time but would still send him out for work that was not light duty and essentially very dangerous.

After this kept happening over the course of a couple months, and questions regarding the wc claim were not being answered, he sought an attorney.
After the attorney did some research it was discovered that the claim was never submitted by his employer.

So the attorney ended up having to submit the claim on his behalf. It took time to get back to the doctor, they wanted an independent review, but yet the diagnosis was also confirmed by that doctor. Finally we were able to chose our own doctor, and it was recommended he have surgery. So we waited and waited, they would not approve the surgery. It took nearly a year from his initial injury to finally get the surgery approved. The surgery did not fix the problem.

All requests for further medical care was constantly a hassle, they took their time. His position was eventually replaced at work. His manager was badmouthing him to his colleagues as well as other potential employers.
The insurance even stopped paying his benefits for four weeks straight right before Christmas. The attorney had to harass them to make anything happen.
Finally, sick of it all, we settled.

We lived off the settlement and my small income, while my husband tried to find a new job in his industry that could accommodate him. And he found many jobs that he was told he would be a perfect fit for. He has an excellent resume and work history. But at the end point of the hiring process, every time, it has ended badly, no job. Not sure what the problem was, and getting a little desperate, he applied for many jobs, even outside his industry. All ending the same, no job. It was finally when he went to a temp agency that he was told that, during his background check, he was being red flagged as uninsurable for workers comp insurance.

Has anyone heard of such a thing? Is there anything that can be done? It's almost like he's been blacklisted.
Thanks for taking the time to read my post.
Kmissie


RE: Georgia can't get a new job after wc - 1171 - 06-16-2017

No.
every employee is automatically covered once they are hired; individual employees cannot be excluded.


RE: Georgia can't get a new job after wc - California_Help - 06-27-2017

I have read about insurance exchanges who provide past work comp injury info. This may be what the temp job 
told you, and she misunderstood he is not insurable. In California it is illegal to discriminate against a person for filing a work comp claim previously. It sounds like this woman stated they did not hire him because of his previous work comp claim. I am curious if this is legal in your state?

I recommend contacting a civil labor law attorney about this to see if what she told your husband was illegal. I also recommend discussing what is happening with him. Every state has different laws and there may be no recourse for this. I hope not. People should not be blacklisted for life after being injured on the job. (JMO)

In California you cannot be asked if you had filed a previous WC claim during an interview, but I have read other states they can ask.