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Am I close to needing an attorney?
#1
I am in Iowa (looked for a state thread) and have been on WC since December due to a bad back injury. Had surgery then got prostrate issues from the surgery. I will be off work for 4 months or more. I do not have issues with the insurance company that is handling my case, rather it is my boss. I had to seek out pscyh help due to constant worry and the way she handled my WC. To make it worse I am 60 and finding another job I can do will be impossible- I could go on but I do not want to scare anyone here away due to my rambles- Rebos
 
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#2
is workers comp covering your psych treatment?
Iowa pays additional benefits while workers are enrolled in an approved vocational rehabilitation program.
we don't scare too easily any more; most have probably seen or heard worse.
without knowing the details it's difficult to know if it's a legal matter or what area of practice you would need an atty for.
more Iowa work comp benefits here
http://www.iowaworkforce.org/wc/faq.htm#?
and here
http://www.iowaworkforce.org/wc/2013-2014ratebook.pdf
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
(03-03-2014, 12:15 AM)1171 Wrote: is workers comp covering your psych treatment?
Iowa pays additional benefits while workers are enrolled in an approved vocational rehabilitation program.
we don't scare too easily any more; most have probably seen or heard worse.
without knowing the details it's difficult to know if it's a legal matter or what area of practice you would need an atty for.

My boss told me not to let the Dr. at the clinic give me any restrictions or make it a claim , as I was management and she would just give me light duty and if I did it would stop our safety BINGO and I would not want someone to loose money. So I go tot our approved Dr. and she wanted to write restrictions but I told her what my boss wanted so she allowed me to tell her I was to be off Thursday and Friday. I went back and talked with my boss told I did as she asked and there were no restrictions written. I told my boss the Dr said to stay home until Monday and see her on Monday to check my status. Here is what really hurt. I was in my chair at home in pain working on my Mac with work things. I was emailing my boss all morning. At 2:30 she emailed me and asked if I was in my office! Number one, she did not know I was not at work and number two she paid no attention to what I told her after seeing the Dr. After 4 months I am sure she will get rid of me. So I am really scared of a 27 year-old!

 
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#4
when they know you are scared they really feel powerful.
while they maybe your boss for work matters; they are not your boss for health matters.
there is nothing you can do that will change your boss.
you may be correct about being fired but you can't control that.
the employer is not in charge of your comp claim.
review the information from the links I gave and also check out your ADA rights
http://www.ada.gov/
under FMLA your job is protected for 90 days.
keep a written record of events and conversations concerning your claim. keep copies of your emails.
if you discuss your claim, followup with a written summary of the conversation.
keeping a written record will help avoid misunderstandings and confusion later.

I don't see anything that warrants legal action; what were you wanting an atty to do?

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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#5
(03-03-2014, 01:01 AM)1171 Wrote: when they know you are scared they they really feel powerful.
while they maybe your boss for work matters; they are not your boss for health matters.
there is nothing you can do that will change your boss.
you may be correct about being fired but you can't control that.
the employer is not in charge of your comp claim.
review the information from the links I gave and also check out your ADA rights
http://www.ada.gov/
under FMLA your job is protected for 90 days.
keep a written record of events and conversations concerning your claim. keep copies of your emails.
if you discuss your claim, followup with a written summary of the conversation.
keeping a written record will help avoid misunderstandings and confusion later.

I don't see anything that warrants legal action; what were wanting an atty to do?

They (boss) have never explained WC to me. Never told me FMLA was active day WC was active. I wanted to see if I would be able for compensation for the way my boss tried not to get me to file a claim- My surgeon said the healing process will be longer due to the time I waited before surgery. If she would have just let me follow the natural WC process I would have had the surgery sooner. I understand that my boss can treat me anyway she wants. Am I correct that it can be factored in when I settle with the insurance company? What happens if I decide not to back when I am released from the Dr. due to the situation with my boss? Anyway I look at it I will be screwed and out of a job-thought an attorney might help me with settlement. Should I file Second Injury Fund Benefits (85.63-85.69) because of the prostrate issues due to the surgery
 
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#6
the way your boss treats you is not a factor in your comp settlement.
workers comp does not require your return to your job.
if/when you are ready to settle, an experienced workers comp atty can help.

no. a side-affect or consequential injury while under care for your comp injury does not qualify as a second injury to someone with a pre-existing permanent partial disability.
you would be close to having a permanent disability rating when your physician indicates that your condition has reached maximum medical improvement.
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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#7
(03-03-2014, 02:10 AM)1171 Wrote: the way your boss treats you is not a factor in your comp settlement.
workers comp does not require your return to your job.
if/when you are ready to settle, an experience workers comp atty can help.

no. a side-affect or consequential injury while under care for your comp injury does not qualify as a second injury to someone with a pre-existing permanent partial disability.
you would be close to having a permanent disability rating when your physician indicates that your condition has reached maximum medical improvement.

I am appreciative of your information. It has helped me greatly. It looks like I am going loose job wise anyway I go. Our society has little room for a 60 year old man with a bad back. It is worse when he has a Master's he has not used in 12 years. Funny thing is I have a desk job but was doing a favor for my boss filling in for another employee - was not my job. So look where being the nice employee got me. A friend of mine is a dist judge recommended I seek legal help as well. If I have no money now how can I pay an attorney if there is no compensation is what I need to look at... Was never a union person until now.
 
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#8
comp attys are not paid in advance; fees are deducted from any recovery.
yup.
unfortunately things need to get a lot worse for employees before they see the value in banding together to stop the employer steamroller.
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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#9
As you find all the paperwork needed for your lawyer also file for SSDI you earned it and if you wait a year or so your paycheck will be a lot less. Understand your lawyer might not like it but he isnt paying you,you are paying him. at your age it shouldnt be to hard to make it. As far as scaring us off I dont think there is any trick out there one of us hasnt heard of.So welcome and try the off topics part of this place for getting a bit of fun or to just have friends that know exactly how you feel and what you are going thru.
........I love cats, I just cant eat a whole one by myself......







 
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#10
(03-03-2014, 12:27 AM)Rebos Wrote:
(03-03-2014, 12:15 AM)1171 Wrote: is workers comp covering your psych treatment?
Iowa pays additional benefits while workers are enrolled in an approved vocational rehabilitation program.
we don't scare too easily any more; most have probably seen or heard worse.
without knowing the details it's difficult to know if it's a legal matter or what area of practice you would need an atty for.

My boss told me not to let the Dr. at the clinic give me any restrictions or make it a claim , as I was management and she would just give me light duty and if I did it would stop our safety BINGO and I would not want someone to loose money. So I go tot our approved Dr. and she wanted to write restrictions but I told her what my boss wanted so she allowed me to tell her I was to be off Thursday and Friday. I went back and talked with my boss told I did as she asked and there were no restrictions written. I told my boss the Dr said to stay home until Monday and see her on Monday to check my status. Here is what really hurt. I was in my chair at home in pain working on my Mac with work things. I was emailing my boss all morning. At 2:30 she emailed me and asked if I was in my office! Number one, she did not know I was not at work and number two she paid no attention to what I told her after seeing the Dr. After 4 months I am sure she will get rid of me. So I am really scared of a 27 year-old!

http://www.workerscompensation.com/forum...?tid=15114

Read my post about returning to work with restrictions. There are topics in there that may answer some of your questions.

Not all injuries fall under state and federal ADA laws.

I suggest meeting with an attorney who specializes in labor law, and accommodation.

I do recommend meeting with a work comp attorney as well.

Filing a psych claim in work comp can be very tough, stressful etc. Talk to a work comp specialist attorney about this.

I also suggest documenting what is happening between you and your employer, with dates, statements etc in case you are terminated. I do not recommend doing this at work or on a company computer. I also recommend not discussing these things with co-workers. This is just my personal opinion.

Filing a work comp claim does not always mean you will not be able to return to work with your employer. The above link has helpful ideas to keep communication open. Some employers do discriminate against employees who do file claims, which is illegal, but sometimes difficult to prove. This is why meeting with attorney's who specialize in this is what I recommend.

Do not let your supervisor get to you. Learn your rights and talk to an attorney.

Be well.

California Help
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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