workman's comp rights

[hugabearjo]

I don't know if this is the place to post or not.

I have a repetative work injury, had surgery but, it hasn't healed properly. I have been on "light duty" and employer is jacking me around (excuse the crude discription but, I didn't know how else to put it.)

I don't want to believe that I will have to leave a career I love but, think it is a definate possibility. We have gone from the surgeon to the MD and back again. They finally agreed to allow me to go to a hand specialist in a city about 3.5 hours from my house.

Here is my question for anyone who has been through this. I feel like the workman's comp is a secret benefit pack. Any other insurance policy you would have a book that told you the exact benefits. However this is a guessing game I feel like I am having to lead the way blind.

When is it time to get an attorney? I feel bad even thinking about it. I don't want to jump the gun and make matters worse with the way my employer is treating me. I feel like the adjuster at SAIF has been forthcoming and honest but, really what do I know. I feel like I am fighting for my livelyhood with out the rule book.

Thanks in advance

Anyone who can add insight it would be greatly appreciated.

 

[goalie5hole]

I believe you have a right to go to your own doctor for an opinion. Don't ever trust a companies doctor,they will always try to force you back too soon. Do you think your light duty is affecting the injury? I'm not sure what the laws in your state are but I believe the company owns that injury for quite a length of time. Are you in a union? If the problem doesn't seem to get better you should at least consult an attorney, or several.

 

[vbarry]

I work in the work comp field- you can find your state law online. Look it up and read it. Each state has different rules for light duty, RTW etc.

 

[probono]

I work for a workers' comp atty. I would say: call one. I work in NJ for wc experts; usually the lawyer does not take a fee unless they win your case for you before a Judge. Can't hurt to have a free consult.

 

[eddieras]

Worker's Compensation is legislated state to state. as previously stated, you should be able to obtain info online about your states WC program.

what state are you in? i'm in Illinois also and work in the WC field.

you mentioned two of the most important things- your medical treatment and returning to a job you love. you must remember, whether you retain an attorney or not, that this is your life and your career. sounds like your goal (in addition to a maximal recovery) is to stay in your job, or at least within your field. this is not always easy, but requires a lot of good communication between you the worker and the employer. While an attorney is often needed, there are many other factors that come into play. you need to really give it some thought as to what you want - and more importantly, once you know what that is, that MUST be communicated to the attorney. Remember, he/she works for you! unfortunately, i've seen many a case where an attorney is just pushing for the larger settlement and is not looking into the future as to what the employee will do the rest of their life-workwise. and one way to a larger settlement is to keep someone from returning to their previous employment. of course, not all attorneys are like this - many more do their client's justice. you just need to do your homework.

i'd be happy to provide more assistance if you'd like to PM me.

 

[momsully]

I am going to assume you are in Oregon since you mentioned SAIF. Work Comp is a stautory benefit and most of what you receive is defined in the laws. I not sure how your employer is "jacking you around" but many companies have limits to the amount of time you can remain on modified duty. If you are in a union environment it is even more critical as the modified duty job can actually become a permanent job that would be open to bid. Is your company part of the MCO in Oregon? That will determine what doctors you can see etc. In my opinion, since benefits are legislated hiring an attorney should be a last resort. Let me know if I can help.

Here is the link to the laws in Oregon, http://www.cbs.state.or.us/wcd/.

 

[hugabearjo]

I am in Oregon, my employer has "created" an office in a backroom 49 miles from my house and usual place of employment. I will report to work and then they will send me home, then I drive the 49 miles back home for them to say okay, we need you now come back out. They put a computer on a table and had me use a lobby chair to make telemarketer calls. I am a professional, who trained in health care. I am not good at telemarketing and they know that.

Then when my Dr. released me to do most of my job, just not the heavy part, they sent me home. It was all or none. Even though there was more then enough work for me to do with the modifications. They won't return phone calls as to where I should go tomorrow the 49 miles from my home or my local office. They told me that I was a liability now and that even though I was a high production long term employee that I can't have the prefered work assignments. They hired a replacement for me while I was off having surgery and are giving the work to her.

Anyway, the website that you gave was most helpful I really appreciate it. I looked and looked and the information escaped me.

I understand that a lawyer is a last resort. That is how I want it to be. I really just want to get better and go back to work.
Thanks again for all the help.

 

[badblackpug]

I work for a workers' comp atty. I would say: call one. I work in NJ for wc experts; usually the lawyer does not take a fee unless they win your case for you before a Judge. Can't hurt to have a free consult.

Absolutely! My ex was hurt on the job and they jerked him around, too. He hired a WC attorney, and things were so much better. For example: His job told him he would be on "worker's comp" and that meant he would be payed his "base" salary. (he worked a lot of OT and got a diferential for shifts other than day shift) it turns out that his salary is supposed to be based on a percentage of his income over a certain period of weeks prior to the accident. The job owed him a lot of money, and only payed when the lawyer hreatened to subpeona their files.

Hire the ATTY!

 

[momsully]

I understand that a lawyer is a last resort. That is how I want it to be. I really just want to get better and go back to work.

I know in my first post I said an attorney should be a last resort. Based on what you said I would consider at least consulting with an attorney. It sounds like your company is trying to force you to quit so they don't have to pay the indemnity portion of your claim.

 

[*KeepMovingForward*]

I would at least consult with an attorney and get some advice. You don't necessarily have to retain them. A lot of times when an employer hears that an employee retained an attorney that puts a big wall up and then you find yourself fired for some "unrelated" issue. So I can understand your apprehension-especially if you love what you do. I'd definitely do all I could to educate myself on what my rights were legally and try to get what your entitled to on your own. Then if all else fails, hire legal representation for the long haul. Good luck!