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Need to find my way
#1
Hi all
I am new to this and things are moving pretty fast. I need some help quick! Was injured lifting patient on the job. After filing w/c was fired! Employer said it was because of no call no show, but after working for this company for 8 1/2 years with no write ups its kinda funny that they would terminate me after I filed w/c due to injury they really caused. I had weight lifting restriction of 50lbs and was threatened to loose benefits if I didn't work 2 weekends out of the month. First case they send me on 90lb patient. I refused due to weight limitation but they said they would have someone there to assist with the lifting. Complained to my supervisor for 5 days before reporting to this case to get a different case and she did nothing. Long story short. I hurt my back first day on this case. less than 4 months later fired. Employer is still paying medical but where do I go from here. Do I need attorney? Please help! OH by they way did receive an offer of 10,000 to settle back in January if I would resign from the job and close the case. I refused. was this a good choice on my part? Sincerely Need to find my waySad
 
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#2
Hi there, and welcome to the board. I am sorry that you had to get to this point of being injured and fired. My suggestion is that you get a lawyer, at least consult with one for free. I say this for several reasons, 1st of all, I know a few nurses who were injured from lifting heavier patients and they were all fired. I don't know if it is a typical thing for nurses or if it is coincidental, but it can't hurt to seek info. from a lawyer. Also, it sounds like you have 2 different things going on. Were you injured previously and from that injury, you came back with a 50 lb. limit? If that is the case, are they still paying you your weekly pay? As for passing up on the 10,000.00 settlment, only you will know if you made the right move. I seem to feel that ea. person knows in their heart what is the right thing to do. I don't know the info. that lead up to that settlement, but 10,000.00 doesn't seem like a lot to me.

Good luck and keep us posted.
 
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#3
Thanks Ifoster for the reply and information. Let me give you little more information. Yes there had been an injury while working with them that was not work related. It is well documented in my file about having this restriction. As a matter of fact I spoke three times with my immediate supervisor about accepting this case prior to the day I was scheduled to be there, she double checked my file, saw the restriction but insisted that I go to the case anyway stating "the grandmother will be there to help you with the lifting, and I don't want you to lose your benefits". Aslo let me tell you, policy for working any new case was to have adequate orientation. I documented 3 days of communication with my immediate supervisor attempting to schedule orentation and finally got my answer on the night before I was to report to work. (just show up grandma will be there to help you) Its kinda boils down to the fact that they know they have several violations here and, don't want to take the risk of liability any further thus firing me. I was never out of work, even after this current injury, just restrictions. I started receiving weekly payments in January and was told 2 weeks later that the company was cutting back and my position with benefits had been eliminated. Two weeks after that I was fired. I got the last of my partial perm. last week but the doctor said I may need surgery. Are they liable to if I have to have surgery? Can he grant me more disability?
 
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#4
Please update your profile with your state. W/C is state specific. There is also a link at the top of this page for Info By State which may help you as well. Personally I would consult a lawyer for a free consultation, or maybe a few. Just don't use the ones from the TV ads. Good Luck.
 
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#5
you get 12 weeks of job protection if your employment is covered by FMLA. After that it's legal in most states to replace you with another worker. Your work comp claim still continues whether you are still with them or not. You'll need to find a new job within your restrictions.
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
I agree with all that has been said. The only thing I thought of, is it seems like you have 2 different things going on. Your original restrictions not being met, seems like it is a case by itself. I would at least consult with a eeo lawyer to see if you have a case againt the co. for not folloing the ADA laws. They can not make you do something that is documented that you can not do. Nor can the fire you for being disabled or for not doing a job that went against your restrictions.

Then the 2nd case is a w/c case...you were injured by doing the job that was assigned to you. You will need to find a job that will allow your restrictions, but as far as medical, it should continue as long as you need medical attn. for you injury. I'd also guess, although I don't know your state, but in VA if you find a job that pays less than the job you were injured at, they have to pay the difference between the 2 jobs. (some states say it is the difference between the new job and the weekly checks that they were sending you.).

Go to a few (or several) lawyers and I'd go in person, rather than talking to them on the phone.

Good luck and keep us posted.
 
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#7
i would also go talk to a employment lawyer on the grounds of retaliation for filing a wc claim.cant hurt to talk to lawyer to see what they say.
Each day is not a rite,it's a given.


 
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