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Laid Off After Full-Duty Return to Work
#1
Hello
I am a worried wife, (Nebraska) my husband was hurt at work and has had to have two back surgeries. After his second surgery he started to have some of the pain symptoms return, however at his follow up appt. (7wks. post op.) he was seen by his surgeon's PA and was told he needed to try and return to work. To both our surprise he said this before any examining done on my husband at all. As he started to write up a work restrictions form, I started to voice my concerns, which I had many of. After hearing our concerns he did not seem to be at all concerned with what we were worried about. I started to voice some of the concern that my husband physical therapist had, only then did he decided to do minimal examining. My husband, later that day, called back to see about getting in to see his surgeon and was told he wouldn't be able to get into him until his next appt. a month down the road. With no other option he called his employer and discussed returning to work, his employer told him there was no work to meet his restrictions and to come back when he was 100 percent. A couple weeks later, we received a letter, from the insurer stating that my husbands employer had work to meet his restrictions and that he needed to go back to work. It also said that the TTD check had been set to stop after that week. So my husband returned to work and spent the first 2hrs of his 4hr day being yelled at by his employer who was upset about his claim. He only got one 4hr day in before his next appt. He was again seen by his surgeon's PA after he left the surgeon came and discussed ordering another MRI due to his returning pain. My husband was given a new work restrictions form and the restriction was to '' continue current'' so he went back to work unrestricted because the last form only restricted him for one week. He was struggling to work due to pain and his employer stop over that week and laid him off, stating that he was going to eliminate the hvac side off his company because he was having financial issues. I wondering where to go from here? Can he get back on the wc TTD payments? He is still under the care of his surgeon. Please help!! We need all the advice we can get!!
 
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#2
if your husband has not reached maximum medical improvement and the employer can no long supply modified work then temporary disability should be restarted.
you husband will need to notify the carrier of his change of work status.

your husband can get more information about comp benefits in Nebraska here:
http://www.wcc.ne.gov/faqs/faq_employees.aspx
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
If he was not on restricted work when he was laid off I'm betting your going to need a lawyer to get this taken care off. Think 1171 said in the other post this can be a long road and you are just getting to the bumpy part. Sounds like you are going to have to fight to get this taken care of. Will say a pray. Don't give up
 
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#4
(03-18-2013, 08:29 PM)1171 Wrote: if your husband has not reached maximum medical improvement and the employer can no long supply modified work then temporary disability should be restarted.
you husband will need to notify the carrier of his change of work status.

your husband can get more information about comp benefits in Nebraska here:
http://www.wcc.ne.gov/faqs/faq_employees.aspx

Thank you so much again!! I will get busy looking into the benefits information. I really cant thank you enough for your help!
 
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