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left in the dark - Printable Version

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left in the dark - stylzkonspiracy - 09-23-2008

I've been helped out a couple other times in this forum. I live in Hawaii, and had a knee injury at work,as a tile setter, which was witnessed by someone other than my boss. This happened almost 2 mo.s ago. My work komp payments barely cover because the adjuster went by average earnings for the last year, and for the first 6 mo.s my boss payed my rent as part of my wages which were never put into the amount, so that lowered my average wages. Well thats a little background. I have had two different doctors see me, and the last one said that she and the other doctor don't see eye to eye. So I've been told not to put any weight on my knee by both doctors anyways. I just talked to my boss yesterday, and first he accused me of getting hurt off the jobsite, then he said that he's got documents from a doctor stating that as far as the injury now, it reads inconclusive. Which is different from what I was told. My boss told me to tell the work comp adjuster that I want to go back to work immediately. My boss told me that if I don't get back to work real soon he is going to replace me. I have a doctors note saying I can't return to work for another month. I moved here from Minnesota for employment alone. I personally do not know what my knee can handle and I don't want to re-injure it before healed. I need some advise as to what I should do, what I should expect, or what I should fear. I don't want to get fired. Thank you for any response.


RE: left in the dark - 1171 - 09-23-2008

If your boss is no longer paying your rent you can object to the wage calculation omission.
If your employment is covered by FMLA then you are entitled to 12 weeks of job protection
http://www.dol.gov/esa/whd/fmla/
sounds like you will be replaced after the 12 weeks are up.
you will still have your claim against the employers workers comp insurance.


RE: left in the dark - hurt at work - 09-23-2008

well its not up to ur boss when you can work again its the dr.s.ur boss cant force you to work if ur dr has you off work.it might not hurt to talk to a lawyer sounds like you my need one or two.