Laid off while out on workers comp..

[RotyP]

So on May 11th I tore some ligaments in my wrist at work. Well, I have been splinted up, had surgery, and now splinted up again while waiting for it to heal. I have been on workers comp and have been getting checks on a weekly basis like I'm supposed to. They sent me a permanent separation notice in the mail and its for due to lack of work.

The night of my injury instead of taking me to the ER my boss made me wait for approval from his boss before we could go to the doctor. In the process of waiting on approval from his boss the f'in clinic closed and I had to wait till the next morning before I could go.

Not sure how much good it will do but I smell an attorney coming. My girlfriend says I should talk to one. She is an ER RN and has told me that "neglect" since they made me wait could be a strong factor on my side. Who knows though? What do you guys think?

 

[stealthee]

They can't fire you while on work comp. Definitely talk to a lawyer who specializes in labor relations.

 

[04BlackComp_G]

Agreed. You cannot be separated from a job while on workers comp. I'm dealing with a similar situation as yours and I still have my job, by federal prohibits your employer from doing that. Definitely talk to a lawyer.

 

[stealthee]

Hell my brother blew his knee out while working for Shop N Save 3 weeks after he started. With the required surgery and everything he was on work comp for 2 or 3 months. He went back to work and quit two weeks later to take another job. So he was on work comp longer than he was actually employed and there was nothing they could do.

 

[J GTP]

From what I gather, as long as your doctor feels that you are actively trying to get better but your condition hasn't improved enough to go back to work, you are entitled to workers comp for a certain amount of time.

Welcome - Tennessee Department of Labor and Workforce Development

If you scroll down a bit there, you can see the amounts of time you are allowed to collect workers comp for various types of injuries. It doesn't specify wrist, but I imagine you would be somewhere between 150-200 weeks.

After that time, I'm not sure what happens. I think you if you're not healed by then, you would get offered a cash settlement or possibly continue workers comp if your doctor feels you're close to recovery.

I can't imagine a wrist injury is going to take 3 years to heal though.

Bottom line: You should contact a lawyer. Unless there are other circumstances you haven't mentioned, it sounds like you have a pretty clear case even without them making you wait to go to the ER.

 

[RotyP]

There is nothing I haven't mentioned. The only thing I can think of that may work against me is the fact its "due to lack of work". Instead of firing me.. I mean its basically the same thing in the end but one is because they have no work for me. Which boggles my mind because I haven't been back since the 11th except to give them updates on my wrist. So, how could they determine that I am extra expense that they can't afford even if they are not paying me anything? Their insurance company has been paying me, not them.

 

[stealthee]

Its all a ploy.

I know a guy who was in your exact position. He, Pete, got injured on the job, was collecting workers comp until he was "laid off due to lack of work."

A lawyer got involved and it went to civil court. The business owner painted himself into a corner and Pete ended up receiving a substantial settlement because of it.

 

[RotyP]

Its all a ploy.

I know a guy who was in your exact position. He, Pete, got injured on the job, was collecting workers comp until he was "laid off due to lack of work."

A lawyer got involved and it went to civil court. The business owner painted himself into a corner and Pete ended up receiving a substantial settlement because of it.

Well, I hate that for Pete. I hate it for anyone to get stuck in a bad position. These are tough economic times and a lot of people are still struggling to get back on their feet from the past. Thank you for the information though, it will prove very useful.