any lawyers on here?

[Cooter]

The wife's about to get hosed at work under permanent light duty through workmans comp.
basically, HR is telling her if she wants to keep her job, then once she agrees to stay, her case will be ended because by staying, she's admitting she can do the job. However, if she states as her doctor did, that she can no longer perform up to standards, her work is gonna put it down as she quit.

I know there's gotta be a loop hole around freeze outs, as I know they have consulted with their corporate attorneys.  This ain't right by no means. Now being branded like she is, nobody's gonna hire her.

[twodko]

Hey Cooterman,

I'm sorry to hear about this. While not a shyster by any means I can tell you that
when it comes to corporations vs employees, the corporations always win. They have
the money and the shysters to wear down the most prepared employee claim.

Despite whatever the details may be if any employee can't perform the duties they were
hired to perform at the level they were hired to do them the company holds all the cards.
Even if it's a union position covered by a collective bargaining agreement the company wins.
Corporations hate worker comp claims because it costs them huge amounts of money both
short term and long term.

I know this because I worked for Disney, one of the worst anti-labor NY type money grubbing
nazi corporations in the country.
I was lucky to retire in 2004 before they crushed my national union into paste.

[JB400]

    Sad to hear it Cooter.  I would say that it's best that she start looking for another job, which I understand is tough, probably tougher in her condition.  Even if she does continue to work there at her current location, they will be looking over her shoulder constantly looking for an excuse to fire her.

Times are tough, especially for the little guy

[Cooter]

Gonna talk with lawyer. Betcha this hits the papers/Facebook, they'll perk up.
she literally broke here back for them and they wanna hose her.
if it's gonna go down like y'all say, i gotta feeling there's gonna be alotta mysterious problems cropping up for them in the future. Nobody deserves this. I wouldnt even wish this on my worst enemy. One way or another, I'll get my point across. She's the hardest working person in the company. Barr none. Even the top brass couldn't keep up with her.

[XH29N0G]

Cooter,  I wish I had a solution for you - I'm not a lawyer.  All I can say is to keep looking and asking.

[2Gunz]

Im not an attorney nor do I play one on TV.

You really need to do a few things here.

1. Look into an attorney, go to somebody to see if you have a case BEFORE you spend money.  Dont just pay somebody, get a free consultation.

2. Document EVERYTHING   Doctors notes, interactions with her job anything that may help you in the future.

3. Be prepared to stick up for yourself.  Their lawyers are expecting you to roll over once the big words and suits come out.  Stick to your guns, they might change there attitude if they know you are not scared

4. Dont sign anything and DONT voluntarily quit.

5. Do as much research as you can, and understand the law,  knowledge is power.

6. Get a lawyer



Lastly, I dont understand how the employer gets to pick or force the outcome.  Shouldnt you be dealing with a local government agency regarding workmans comp?


Good luck 2 ya!

[timmycharger]

Got to put my  in here, Im a manager in the Workers Comp dept for an insurance company and I have to disagree that in situations with employees vs. corporations, the corporations always win.  Every state that I have handled workers compensation in, the court systems are slanted heavily towards the injured worker.  Also, in order for a case to "end" it has to be settled or go past the statute of limitations for that state. Im my opinion, even if someone quits because they do not want to do the light duty or cant do the light duty, the insurance company would keep the file open because of the possibility of that worker bringing the claim to the WC court system. When that happens, the file usually settles.   

To be honest, we get threats of people getting lawyers every day of the week. Doesnt make us change opinions on how we handle a file, all it does is give the attorney a chunk of your settlement in the end.  If I were you, Id go on the website of your state WC board and become educated on what your options are. They have advocates there that can answer questions for you and they are very employee friendly and usually hate insurance companies  so they will more than happy to help you.  Good luck!

[Cooter]

Tried yesterday to take FMLA leave with pay. Denied with pay, yet they paid this POS that took leave because she said she couldn't work because her grandchild was staying with her? Thought that's what daycare was for?

Bottom line, I think the only way to make these insurance companies do the right thing is sue. You have to force em. B if left up to them, it's worth more to them to deny you protection and screw the AMERICAN worker.

[ACUDANUT]

Employers and Insurance companies have a lot more to spend on lawyers than any of us combined. Good luck.

[68X426]

I slept at a Holiday Inn last night, so I'm qualified to toss advice.

Not really. 


Seriously, here's the crux of the matter.  Can she do the job?

I'm not clear from anything you posted about what she can or cannot perform.

There's 3 and only 3 possibilities here: she can do the job, she can't do the job, or she had to have modifications to the job requirements.

Before lawyering up, and paying thru the arse, she has to know if it's a, b, or c.

"A" means she goes back on Monday, "B" means she finds other work or retires, "C" means she compromises.  A lawyer takes your money and she still has to decide if it's a, b, or c.

From experience, my wife's career position was eliminated after she returned from a WC injury.  An injury claim that she did not file, that they filed on her behalf.  Then, upon returning to duty, with a full doctor's clearance mind you, she wasn't terminated, but the position was eliminated the very moment she returned.  Illegal as hell.  And immoral. The position was filled immediately with 2 other people.  Their reply was "sue us".  She took the small settlement and moved on.

So my advice is, life is too short to deal with lawyers.

And still get f****d, so take the money and run (if it is "b" or "c").  Or else report for duty on Monday if it's "a".

I sincerely hope she is healthy and happy, not matter the outcome.

[Cooter]

I have watched this woman literally break her back for this place.
I have watched her laying on the floor for weeks with a pain that would p rolly kill most. Tears rolling down her face. All I can do is watch and make a sorry, half-assed attempt at making her comfortable.
she's allergic to anything with swelling reducers in it (aspirin).
I just can't believe companies treat the POS like gold and good, honest, hard working people like a rented mule. Broke leg? Boom! Put it down, and get another.

[Mike DC]

Sorry to hear it.  Sucks, it really does.

It's hard not to take this stuff personally but it usually isn't personal. Its usually just incompetence on a grand & inconsistent scale. 
 

[rt green]

I'm sorry this happened to you guys.  I wish you the best of luck.

[2Gunz]

Is there some sort of private organization that can help support you in this?

[Cooter]

Is there some sort of private organization that can help support you in this?

Contacted lawyer. She said "oh yes, we've had quite a few cases with that company and next their gonna try this, this, and this....Sure nuff, they did. She's gonna go after em. Stay tuned. Company is playing the "we'll try this and see if she knows any better" bullsh*t game right now.

[rt green]

has she won alot of cases with this company?

[Cooter]

Yes. She knows their lawyers and how they think. As hard as the wifey works, they treated her Iike this.
just yesterday, she had just got hi one from an hour each way drive and because her dumbass assistant mgr. Wanted to screw off, she had to drive all the way back out for 2 more hours for a total of 13 hours.

[troy.70R/T]

I can tell you work comp was not set up to protect the worker. It is set up to protect the companies from getting sued. That is why they rate the amount you are disabled. So one person can't get 50,000 for loosing a thumb and the next guy gets $5,000.00 for the same injury.

[Ponch ®]

I can tell you work comp was not set up to protect the worker. It is set up to protect the companies from getting sued. That is why they rate the amount you are disabled. So one person can't get 50,000 for loosing a thumb and the next guy gets $5,000.00 for the same injury.

If there were no WC limitations, everyone would be suing their employers for a fortune every time they broke a nail. Even if most of those cases did not result in payouts, the legal fees of defending them would either bankrupt businesses or drive their insurance rates so high that they would be forced out of business.

[Steve P.]

Good luck Cooter and even better luck to your wife. I wasted my back on the job. The JOB'S NEUROSURGEON is who told them it had to have happened over time, but definitely that the job I was doing, (by their records), was what ended my career. The JOB also went as far as to try to pull that (I) was not following OSHA RULES!!!  In the end I was screwed by WORKERS COMP INSURANCE and by the job... Yes, I hired a lawyer and we kind of won, but I was forced to take an piddly little check as one of my doctors said that I could answer phones and the lawyers against me said they themselves would give me a job answering phones.. Along with that, they had a picture of me with my hands on the leading edge of an upraised hood at a buddies used car lot. He had called me trying to figure out what was wrong with a minivan and I went over to put my eyes on the subject.. Didn't work on one damned thing or even reach into the engine compartment, but THEIR LAWYER laid it out to my wife and I exactly how he said he would to a judge and I think I would have hung myself...

It is incredible how inside out people in power can be. Had I been able to continue work, even at the pay I was at when I wrecked my back, I would be out 1.6 million bucks right now. Believe me when I tell you, they are willing to do anything to keep you from what you should be getting to save themselves the real money...

Of course their is more to the story, but what I said is what is most important. So you have to weigh everything in and then just figure that you will be screwed anyway..

One thing that has helped us is that I put some money into an annuity. It sure seemed like a lot of money out of pocket at that time, but the fact is, I have already gotten back more than I paid for it and I am only coming up on 53 years old..

Can you immmmmagine the toys I would still have and those I'd have picked up since if I were still a happy working man??

Good luck......