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I was injured and then I quit my job
#1
State: DE

Or so my employer is making it seem... Sad

  I was injured on the job about a month ago. I've been out ever since due to the nature of the injury I'm on crutches and wear a brace. I had to see several doctors including the bosses doctor and they all had put me on light duty. I ended up with about 9 days out of work under the doctors request before I could return under light duty. My employer was sent copies of the physician's reports about my return to work status with a request for light duty jobs and I never heard a single response from them.

I stayed in contact with my employers human resources center which is a general national department as they don't provide contact information to reach the actual human resource department where you work at directly. This national department manages the files for employees or so they say. When I informed them about my work related injury and about not hearing a call back about light duty jobs they would give me the run around. Then one day I received an automated message from my employer asking if I was returning to work or had I left the company.  It was a strange automated message to receive when I've been corresponding with their national HR department all this time (it's the only number they give you to get a live person).

So I called the  human resources center again and asked them about the message and then the rep ask me for my employee information and tells me that he doesn't see anything on my work file or about a phone call from them. I tell him that I was injured at work and requested a light duty position per my physicians notice but never heard back from them about an available job. He tells me that he will note that on my file and that he needs to speak with his manager since it was a work related injury and that his manager was away and that the manager would contact me (he never did).

Then 2 days later I received an e-mail for termination stating that I "voluntarily quit due to job abandonment". I have a workers comp case open with my employer and I have a workers comp attorney that hasn't been available to address my concerns.

My question is has anyone ever had this happen to them? What do you recommend I do now? I haven't received any money from workers comp and now I'm out of a job and workers comp benefits and since they said I "voluntarily quit" I can't get unemployment either now.  It's amazing how much an employer can get away with.
 
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#2
If your employment is covered by FMLA -which it sounds like it is- then you have 90 days of job protection.
contact FMLA and file a complaint.
contact your employer and tell them you are filling an FMLA complaint
notify the employer in writing why you are filing a complaint.
keep a copy.
more on FMLA here
http://www.dol.gov/whd/regs/compliance/p...fmlaen.pdf

contact the workers compensation carrier directly to file a claim.
notify your employer in writing about the injury
keep a copy.
the contact information should be on the employee bulletin board.

negligence is not a factor in work comp coverage.

you probably also can file with your state's work comp board butevery state is different and you didn't post yours.

only contact your employer in writing and keep a copy.
if you do have a verbal discussion, follow up with a written summary and keep a copy.

start creating a paper trail.
paper is your friend.
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
(01-20-2016, 12:33 AM)Mrbigstuff Wrote: Or so my employer is making it seem... Sad

  I was injured on the job about a month ago. I've been out ever since due to the nature of the injury I'm on crutches and wear a brace. I had to see several doctors including the bosses doctor and they all had put me on light duty. I ended up with about 9 days out of work under the doctors request before I could return under light duty. My employer was sent copies of the physician's reports about my return to work status with a request for light duty jobs and I never heard a single response from them.

I stayed in contact with my employers human resources center which is a general national department as they don't provide contact information to reach the actual human resource department where you work at directly. This national department manages the files for employees or so they say. When I informed them about my work related injury and about not hearing a call back about light duty jobs they would give me the run around. Then one day I received an automated message from my employer asking if I was returning to work or had I left the company.  It was a strange automated message to receive when I've been corresponding with their national HR department all this time (it's the only number they give you to get a live person).

So I called the  human resources center again and asked them about the message and then the rep ask me for my employee information and tells me that he doesn't see anything on my work file or about a phone call from them. I tell him that I was injured at work and requested a light duty position per my physicians notice but never heard back from them about an available job. He tells me that he will note that on my file and that he needs to speak with his manager since it was a work related injury and that his manager was away and that the manager would contact me (he never did).

Then 2 days later I received an e-mail for termination stating that I "voluntarily quit due to job abandonment". I have a workers comp case open with my employer and I have a workers comp attorney that hasn't been available to address my concerns.

My question is has anyone ever had this happen to them? What do you recommend I do now? I haven't received any money from workers comp and now I'm out of a job and workers comp benefits and since they said I "voluntarily quit" I can't get unemployment either now.  It's amazing how much an employer can get away with. That's not to exclude the reason I was injured in the first place was because of their negligence to provide a safe workplace where heavy objects that can injure an employee are placed in a safe and secure location...I.E. not thrown on a shelf with nothing to keep it from falling.

I agree with everything 1171 wrote...but every state has different laws please post your state.

Try to make a log of events from your doctors notes and phone calls. You may have to request a copy of your phone records to do this. Try to do things from here on out in writing. If you do have to talk to someone on the phone ask for their full name and follow up with sending them something in writing that can be confirmed via fax or e-mail. Send a letter that stated what occurred in your phone conversation example: Dear Mr Smith, I am sending this letter in reference to our phone call earlier today in which I stated I sent you my doctors request for light duty. Please let me know if there is any available(keep fax or e-mail confirmation of this). Make a file of all of this in order of dates.

I would contact this HR company in writing and get the name of a supervisor or even Vice President and send a letter of what has occurred and that you have not abandoned your job. I would also contact you company directly. I would start inundating letters stating you have not abandoned your job and you are waiting response from HR company. Paper trail, paper trail paper trail....and document, document, document and when in doubt...document anyway.

You can also contact a labor law attorney and discuss this.

This is a link about returning to work with an injury. (California)
http://www.workerscompensation.com/forum...?tid=15114
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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#4
I thank you all for the helpful replies and answers. Strangely today I received another e-mail from my employer. This one was about denying me for their leave of absence short term disability benefits. The letter said that they offered me a "light duty" position on the date of my injury and that I "refused" to take the work that they offered me forfeiting any workers compensation and employee benefits I have.

I was never offered a position and I never spoke to anyone in their company about one and I certainly can't refuse what was never offered to me to begin with. So this company at this point is flat out lying to cover themselves and make sure they don't have to pay me a dime. I think it's funny that they said they offered me light duty on the day I was injured. The only thing they offered me was an ambulance.

They make sure that you can't get through to anyone that can give answers and I'm getting the feeling this is routine for this company. They know that my injury is serious and they don't want any parts of having to deal with it.
 
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#5
ask for the particulars:
when, where, who, and was it recorded/documented.
keep up the email correspondence; keep them "talking".
the more written information they produce the tighter the rope will get

write a detailed description of what happened on the injury date.
include names, times, and as many quotes as possible.
it will be harder to be accurate with the details later on so do it now.
the more detailed the better.
the employer won't do it and will get their story all mixed up when it comes time to repeat it.
the inaccuracy and lies will be overwhelming.

request a signed copy of your denial that they have on file.
looks like you may need a comp atty to start taking depositions
lying under oath has legal consequences.

you again did not give your state but I'm sure there are fraud provisions on the comp website.
fraud applies to employers as well as employees and lying is a prerequisite.
file a fraud complaint.

depending on how long you are going to be off, you should file for unemployment and/or SSDI.
even if you can't draw unemployment yet you need to fix a date so you have qualifying quarters to draw against when you are eligible.

many states have specialized work comp lawyers-- use them and be upfront that the employer is nasty and wants to fight.
you may have to find a small one-person law office to get one who is willing to duke it out--some larger firms are only working to settle quickly.
if that is not what you want, let them know upfront.
get their email address to keep in better communication-phone calls don't work well with large volume offices.
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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#6
(01-20-2016, 04:16 PM)Mrbigstuff Wrote: I thank you all for the helpful replies and answers. Strangely today I received another e-mail from my employer. This one was about denying me for their leave of absence short term disability benefits. The letter said that they offered me a "light duty" position on the date of my injury and that I "refused" to take the work that they offered me forfeiting any workers compensation and employee benefits I have.

I was never offered a position and I never spoke to anyone in their company about one and I certainly can't refuse what was never offered to me to begin with. So this company at this point is flat out lying to cover themselves and make sure they don't have to pay me a dime. I think it's funny that they said they offered me light duty on the day I was injured. The only thing they offered me was an ambulance.

They make sure that you can't get through to anyone that can give answers and I'm getting the feeling this is routine for this company. They know that my injury is serious and they don't want any parts of having to deal with it.

Please list the state you were injured in so we can possibly give you more specific answers. Each state has different laws.
 
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#7
Oh I'll add in my State sorry.


I filed my complaint with OSHA and did a Whistle Blowers Report.

I'll add in an amusing part of my situation here...

I had complained to the head management before about the hazards that injured me on two separate occasions and other multiples of time to low level management.

 I was also called and threatened by a human resources representative on the day I was injured. "He called my residence and told me I had to come in and fill out an incident report and see one of their doctors. I told him I already had made an appointment with my doctor. Then he told me to cancel it and that I had to see the doctors they wanted me to see and do what the company tells me to do." In very threatening tone.

When I came into work to do their incident report I was in immense pain and they basically interrogated me like they were cops trying to get a killer to confess to a crime. I do sincerely mean interrogate in every sense of the word. They had some kind of interrogator with an attitude come in to asks me about my incident. I must of gone over it about 10 times with them and they wouldn't let me go home. My only regret is that I didn't go to the ER after that but instead waited 5 hours to see the doctor they forced me to go to... "The bosses Doctor".

but as far as my workers comp I followed some of the advice you guys provided and sent a few request and appeals out. I already had everything thoroughly documented after the way they treated me on the date of my injury I made sure too because I didn't trusts my employer. They made me feel like I should of asked for a phone call to ask for an attorney.
 
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#8
I highly recommend you to call some workers compensation attorney's, and hire one.

I am not familiar with the laws in your state. In California the rules are we must see the employers doctor the first 30 days and can switch to another doctor within the employers medical provider network (unless we pre designated a doctor).

I don't know what they mean by short term disability. Is this through your employer called a short term disability policy or is this through workers compensation?
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.
 
Reply
#9
where did you add in your state? I missed it.....
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.
 
Reply
#10
(01-22-2016, 03:31 PM)1171 Wrote: where did you add in your state? I missed it.....

Hello 1171 thanks for all the helpful advice. I added it at the beginning of my original posts.
 
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