Need help with worker's comp question (Ohio)

[Leader of the Club]

Greetings Dis Friends:

Here's the story...sorry it's long...and if it doesn't make sense ask questions...i'm on lots of pain meds....

I work part-time for a very small company. Its a machine shop. Its dirty dangerous work. I tore my rotator cuff at work and may need surgery. The owner is being a complete BUTT about the whole thing. He doesn't believe me and is giving me a real hard time about it. He didn't give me my annual raise this week because he, "can't afford it since the worker's comp rates are going to go up." The other guys got one. (I'm the only girl there...I make $10 an hour after 2 yrs, the guys doing my job make significantly more $. he starts them at $12 to 15 per hour)

So, my question is: As much as I'd like to say, "take this job and shove, I ain't workin' here no more!" lmao is it in my best interest to just put on my big girl panties and tough it out as far as worker's comp goes? I have not clue what the recovery time is for surgery like that, but I would be unable to do my job safely while recovering.

I have really great health care coverage, if I had hurt myself at home I would have been covered by that.

 

[Nennie]

Do you have an attorney representing you for the workers comp injury? If not, get one ASAP. A torn rotator cuff is a permanent injury, which entitles you to extra $$$ just for that on top of getting the medical bills and lost wages covered.

It is illegal to punish an employee for filing a workers comp claim, which is another reason you should get an attorney.

It's no cost to you to hire an attorney, and the attorney gets paid when your case settles (partially from the settlement, and partially from the employer's insurance company).

Good luck!!!

 

[ceecee]

To file a WC claim, I think you need to see a Dr within 24 hrs of the injury. Then the owner of the company has nothing to say about it.

 

[Safetygirl]

I don't know about the worker's comp laws in Ohio. I hate to see you get an attorney because they get part of your settlement. There should be a sign with the phone number for your worker's compensation insurance carrier at your workplace. You can probably just google the worker's compensation laws in Ohio and find out a lot of information. You are due a settlement from the insurance company. If you don't like the settlement, you can negogiate on your own and keep all the money for yourself. Most people don't think they can negogiate and accept what they are offered.

 

[carebee21]

I used to handle worker's comp claims in CA. The laws are a little different, but the basic ideas are the same.

Do NOT quit your job. Although your medical bills and surgery would still be covered, you run the risk of not getting paid for the time you are out of work because of the injury. For example, if the dr says you can't do the job you're doing now for a month because the injury needs to heal and the employer has no other work for you to do, worker's comp pays you for the month. However, if you quit, all the employer has to do is say they could have put you into a modified job (answering phones, greeting customers, etc) but you quit and now they no longer have the opportunity and worker's comp won't pay you.

Secondly, they legally cannot cut your hours, cut your pay, fire you or do anything because you filed a workers comp claim. If you or a worker's comp attorney can prove they did, they are fined a certain amount (varies based on the state) and that money goes directly to you. However, proving you didn't get a raise because of an injury is difficult. Unless your review is spotless, most employers can find a way to show why they didn't give someone a raise.

And lastly, I HIGHLY recommend getting an attorney. As I stated, I handled worker's comp claims before. The insurance company does not have your best interest at heart. They want to get you back to work quickly and pay you the smallest amount of money possible. Hiring an attorney not only helps you get a fair settlement, but helps you get the treatment you need to recover.

 

[carebee21]

If you don't like the settlement, you can negogiate on your own and keep all the money for yourself.

That's not exactly true. What happens, is a final medical report is issued. If someone is not represented by an attorney, the insurance company provides a list of three doctors to the injured worker and allows them to select one. That doctor then evaluates the patient and issues a report stating the permanent restrictions and future medical care. Based on that, each state has a permanent disability rating chart. That chart states one restriction is a worth x amount of dollars, or one restriction is worth this amount. Those items are added together to come up with a final value. That report has to be submitted to a judge and he approves the settlement based on this. The area you can negotiate on is future medical care, but again you have to follow the final medical report in determining it's worth. The biggest problem with this is that all three doctors that are recommended to the injured worker come from a list from the insurance company. They select stingy doctors to get a low payout. That's just the way it works.

If you have an attorney, both parties get to select their own doctor to complete a final report. They evaluate you and then the permanent disability rating is averaged together based on both reports to get a final value. It ends up much better for the injured worker.

So while you can negotiate a bit on your own, your negotiations have to be based on the final report. You have to show how and why you came up with those numbers, which most people can't since the disability rating system is so complicated. Secondly, even if you can manage to negotiate, you're still negotiating based on a report from a dr that the insurance company recommended. Trust me; that is not in your best interest.

 

[4HOLIDAYS]

Don't you have o immed report the injury to your boss when it happens? If you did this, I don't see how he can deny it. We make sure their is an immed trip to a dr on any injury at our bus and require a letter of clearance before anyone can get bck to wok.

 

[Leader of the Club]

My injury happened at 1:30 pm. I sent my boss a text (he was out), cried and told my co workers. One of them gave me Motrin and another put ice on it. When the boss got back to the office at 2:45 I told him in person. He was angry, turned and stomped away. I gathered my things and just went to the ER at that time.



Thanks for the great DIS advise.

 

[BelleBeautyandtheBeast]

My injury happened at 1:30 pm. I sent my boss a text (he was out), cried and told my co workers. One of them gave me Motrin and another put ice on it. When the boss got back to the office at 2:45 I told him in person. He was angry, turned and stomped away. I gathered my things and just went to the ER at that time.



Thanks for the great DIS advise.

If you went to the ER did you notify them it was a work injury? Is there a WC phone number from your employer that you can call? You need to follow up on the injury and make a WC claim. They will pay the medical bills. Did they pay the ER bill? It is your responsibility to seek immediate medical attention and contact WC.

Ignore you the bad attitude your boss has, he is just digging his own grave. Get in touch with the WC people ASAP, if you haven't already.

Be aware Ohio is an employment at will state and you may lose your job once your claim is closed (ex-DH has BTDT and the atty said there was nothing he could do). As long as you have an open claim they have to keep you employed (or at least that is my understanding).

 

[ceecee]

A friend's Dh got injured lifting and got WC, they had an terrible time getting things moving and getting Dr appt set up, he was in pain (back). He ended up losing his job which he was very upset about as he had been layed off and had only been back to work for a year and this job had good benefits which they needed. Good luck.

 

[starry_solo]

Just get an attorney.

 

[ElaineMarch]

As you now know Workers comp is a slow and frustrating process to go through.

Workers comp is state specific so going to your state site for info.

Is comp paying for the treatment/meds your taking?

Are you working on light duty or not working?

If you are not working or not getting your regular hours is comp paying you?

I am not from Ohio but have had workers comp injury and learned quite a bit from other message boards(I will pm you). I do not think quitting is your best choice. If you quit you may not be eligible to receive wage replacement when you are not working.

Good luck

 

[starry_solo]

More info can be found at your State's Workers' compensation website here:

http://www.ohiobwc.com/

 

[DisLis]

Do NOT quit your job. This is the correct advice. If your employer has not already filed the WC claim, you can do it yourself at the link another user provided. I suggest you also make an appointment with the EEOC to discuss the gap in pay between you and your mail coworkers. Please, please, please do not ignore these things. This is why so many employers think they can get away with these things. Your injury is serious and could result in a lifetime physical capacity limitation. Also keep in mind that returning to work too soon because you think, for so many different and seemingly valid reasons, that you can't afford not to, will result in further injury - most often surgery to the other arm because you are trying to make up for the weakness on the first. I have over 16 years of HR experience in high risk industries with companies who always did the right thing for employees. I would not work for any other type of company. The new legislation surrounding Lilly Ledbetter will help you address the pay issue and you don't have to pay a lawyer if the EEOC feels you have a legitimate claim.

 

[branv]

First, let me state that I am NOT a lawyer. But for two years I have been writing articles on Workers Compensation for some attorneys in another state (previous to my career change, I worked for several years in HR). What I have learned is that WC is a tricky, tricky little beast. There are so many regulations, restrictions and requirements that it is maddening. And it is very, very easy for someone without WC knowledge to make a misstep that kills their case. Even when a case seems clear-cut, I can't tell you how many cases I've researched that still managed to still be denied on appeal by even the WC Commission. It took some serious higher level appeals back and forth to get an injured worker the benefits they deserved.

So my suggestion is to get a lawyer. I won't lie to you. The ones I've worked for so far have not put the best taste in my mouth for WC attorneys, so I can understand not wanting to a) trust them and b) give them a portion of your award. The good news is that in Ohio (I checked), as in many states, legal fees are limited to a certain percentage. Still high, BUT, while you may be able to get some kind of WC benefits on your own, you are quite possibly only receiving a portion of what you may be eligible.

I understand the reticence of many. I am a budget-minded person who hates to pay money for something I feel I can do for myself. But after so much research on WC law, legislation, case files, yadda yadda, I wouldn't dare try to handle it on my own. In fact, last year my brother had a major problem with a WC claim in Texas. Things turned ugly with his employer very quickly. I urged him over and over that it was better to pay money to an attorney than to receive nothing at all, be out of pocket for his medical expenses and face retaliation. But he ignored me. End result: his claim was denied on appeal by the company, he ended up with major medical debt, AND they did, in fact, fire him. They claimed he quit, which he did NOT. It became a matter of he said/he said with his boss, and in the end he ended up also not getting unemployment insurance. (Incidentally, this major employer is and has been under federal investigation by the Department of Labor, if that tells you anything).

I truly feel for you. This sounds like a complete mess...not to mention your sexist boss! My biggest concern at this point is that he is going to do anything he can to terminate you. And he sounds like the type who would then fight your unemployment insurance. If you feel like you want to go this alone, at least PLEASE get documentation for every single thing you can. No matter how "right" you are, it won't matter if you can't back up your claims. Educate yourself regarding state law. Your boss and even his insurance company will probably try to tell you many things that will not be true. He's already tried to bully you. Don't take anything they say as gospel.

And for the record, even if your state is a work-at-will state, that never gives ANY employer the right to violate employment laws regarding equal rights, wages and safety. A few of which is sounds like your boss has already violated.

Best of luck to you.

 

[Fly4free]

Do you have an attorney representing you for the workers comp injury? If not, get one ASAP. A torn rotator cuff is a permanent injury, which entitles you to extra $$$ just for that on top of getting the medical bills and lost wages covered.

It is illegal to punish an employee for filing a workers comp claim, which is another reason you should get an attorney.

It's no cost to you to hire an attorney, and the attorney gets paid when your case settles (partially from the settlement, and partially from the employer's insurance company).

Good luck!!!

Sorry to hear about your injury. I am going thru this headache now myself. I didn't want to take an attorney, but at my dh insistence and the urging of my (useless) union I did and boy am I glad now! Fast fwd 1 yr later and pt has not helped my shoulder. I have compressed nerves and require surgery, but the wc insurance wouldn't pay for my nerve test that I had back 9 mos. ago or for surgical treatment.

Don't know what I would do without my lawyer. They had to file a petition with the court to expand my diagnosis to the nerve damage and for my unpaid bills to be taken care of. Do not trust your employer or their insurance co. to do the right thing. You may not even know the full extent of your injury yet.

Make sure you find one that specializes in **/WC as this is a very specialized area. There should be no fee for a consultation. Please do this to protect yourself. I hated doing it, but not as much as I hate what they are doing to me by holding up my medical treatment.

 

[Leader of the Club]

Hi There! OP here....

thank you for the words of advice and encouragement. I did get a lawyer. I had my injury and reported it two weeks ago today. Nothing about this process is moving quickly. In fact, it feels as if its barely moving. I am waiting for some silly paper to get completed so that my new Orthopedic doc can order an MRI.

My arm is not even fully engaged in the socket at this point and it HURTS all the time. pain meds do not help.

Still working. Wearing my sling--mostly to remind me not to use that arm and to remind my boss I can't do anything.