Workmans Compensation

[CindyKansas]

I need some advise. DH was hurt, at work, in November, (twisted his knee and had to have knee surgery) and was off for 8 weeks. When he went to the doctor for his last check up the doctor said "You only have 33% usage of the knee". Last week when the manager wrote the schedule they took DH's name off of the schedule and said since he is permanently disabled he is no longer needed. I don't want to cause a big stink (I work there too) but is this legal?

 

[jfulcer]

Depends.

Can he do his job anymore? If he can't do his job, and he's on the schedule, does he just sit there and do nothing?

Is he on permanent disabilty from the company? (and if he isn't I would think he should be)

Is there another job he can do with the lack of mobility now?

 

[Arielle22]

Has he been back at work since the 8 weeks were up? If so what has he been doing? Has he been offered a light duty/desk duty position?

Please post some additional details. I work in HR and can at least tell you what my company does.

 

[NHAnn]

YIKES, in NH it most definitely would not be legal...the employer would have to make temporary alternative duty available and hold his job open for 18 months after the injury in Worker's Comp cases. After that they would be able to terminate him but only after looking at whether "reasonable accomodation" could be made to allow him to continue in his job with a permanent disability under federal ADA laws. Worker's Comp laws vary from state to state..as to whether he is eligible for lost wages and/or a permanent impairment award. Federal laws (ADA) and state labor laws may also come into play as far as whether the employer can terminate. You need some advice from someone local familiar with your state's Worker's Comp and labor laws -- like an HR professional -- or perhaps the State labor or insurance regulatory agency has an ombudsman service -- or does the company have an HR person (other than the "manager" you mentioned?) Is your DH in a union? I'd try those avenues to get the facts/laws before possibley seeking legal advice...........
best of luck to you...it's a frustrating situation to be in!

 

[CindyKansas]

Okay, he is a night stocker in a grocery store (Dillon store, owned by Kroger). He has been doing this job since he was hired 8 years ago. He injured his knee when unloading a pallet that was stacked too high. When he returned to work, his restrictions were no kneeling, squatting and bending, basically anything dealing with the knee movement. When he went back for his final check up the doctor told him that his knee would never be the same and wrote on the release form 33% able to do his job. So DH went back to work and has been working, and asking for very little help, if any, when it comes to the lower shelves. He's just much slower than he was previously. At the store we don't have desk job or light duty jobs, everything is physical. He could be a cashier, but standing for 8 hours is about as painful (he has degenerative arthritis in both knees). What the whole deal is that the store has about 20 people they want to get rid of (most of them have been there for 5 or more years) majority of them full time with benefits and at the top of their pay scale. Benefits meaning health insurance, paid vacation, etc. The reason they need to get rid of so many employees, the threat of a supercenter that just opened a week ago.
If you need more info I can give it. Thanks for any info anyone can provide.

 

[CindyKansas]

Also, this division is not Union.

 

[Arielle22]

Did your dh have a claim with the store's worker's comp insurance for the injury? I am surprised the store let him back at only 33% as it would leave them liable for any future injuries.

I cannot tell from your posts if this injury was put through worker's comp. If it was then your dh should try to reopen his claim. If the store is saying he cannot work then he should be conpensated.

Does your state have a labor board? If so the board could help you. I would try the corporate HR office first before I went to the state.

I know that in my company we would offer a light duty position. This would mitigate any claim the employee had. If the employee refused the light duty we would leave it up to the worker's comp insurance to deal with the employee.


Also has your dh applied for unemployment? That would at least tide you over moneywise.

 

[CindyKansas]

Yes, his injury was filed through worker's comp. I'm also surprised that they let him come back at 33%. Worker's comp paid all the medical bills and his wages while he was off of work. Some people are telling me that they are surprised that some sort of settlement wasn't offered. I am totally clueless about what to do because I know we can't live on my paycheck alone and I don't think anyone else will be willing to hire him.

 

[Bunchkin]

My DH was injured on the job a year and a half ago.
They paid the medical, time off and offered a settlement.

What is the reason behind you not receiving a settlement?
Did you sign anything with the workers comp company giving away your right to a settlement?
I would look over any forms your DH has signed. Then call the adjuster to see if a settlement is being offered. And if not.......call a lawyer.

Who is the workers comp insurance company??

 

[ByTheSea]

So if I understand correctly, he was off work and collecting worker's compensation, then his Dr. released his to go back to work on restricted duty and he was laid off?

Were there other lay offs? A reduction in force? If so then his employer could claim that he would have been laid off regardless of his disability...

but although I hesitate to encourage people to pursue lawsuits... between the Worker's Comp, the ADA (Disability Act) and possibly FMLA (depending on how long he was gone) I am sure you can find a qualified Attorney would would be eager to help you on a contingency basis.

1st step - file for unemployment. 2nd step - find an attorney.

If his boss told him that "since he is permanently disabled he is no longer needed" and he CAN do the job with reasonable accomodations (maybe it takes him a bit longer, needs a chair, etc.) then it sounds like a violation of the ADA - and IF he is permanently disabled, shouldn't he be collecting Worker's Comp until he reaches retirement age?

 

[Mskanga]

1st step - file for unemployment. 2nd step - find an attorney.

ASAP

 

[Lorix2]

NHAnn is right.

My DH was injured on the job (hit by a front end loader) in '96. Many surgeries and physical therapy until 2001. He has lost 34% mobility in his knee.

Workers comp paid him a % of his wages, plus all dr's bills, pt bills, mileage to and from, prescriptions, etc. He went back to work on light duty, but the company downsized eliminating his position when he could return full time.

Workers comp had to pay to retrain him in a new field. After a year of company training, he realized it wasn't for him and went back to construction as a heavy equip operator, which he was before, but could not do so until after the settlement was done.

Whenever there is a loss of mobility, loss of an extremity, etc..employees are supposed to be compensated since it was work related.

I urge you to retain a lawyer to protect your DH's rights as an employee. This will cost you nothing unless their is a settlement and the lawyer will get a % of it.

These things can take years, ours was 5 years. Keep documentation of everything, receipts, medical bills, etc. for the lawyer.

If your DH was hurt due to negligence on the employers part, he will be compensated in some form.

Best wishes to both of you, sorry to hear about his injury.

Feel free to email or pm me if you'd like.