Wisconsin Worker's Compensation - Help For Injured Wisconsin Workers

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  1. #1
    Join Date
    Feb 2007
    Posts
    69

    Default Employer Did Not Follow Restrictions

    I injured my elbow on 12/27 have had steroid shot and physical therapy no help doc wants to do surgery on 3/2 to fix torn tendons and ulnar nerve. When this injury first occured actually back in jan 2006 I had hit elbow at work told supervisor that I had injured it and she said "oh don't worry we have all done that it takes a few months but it will get better" well it never really did... Then started a new position with company lot's of repetitive motion elbow really started to hurt told supervisor I wanted it documented again never happened, couple weeks later VP of company was at work site told him about pain in elbow and he asked if I was doing any excercises to make it better I told him I didn't have a clue what excercises to do to make it better. Than we had a five day off period for xmas went back to work turned a fryer basket and bang something popped and arm really hurt, that's when I called HR myself, she stated that she had never heard a thing about my other complaint's I assumed because I was telling supervisors it was being documented, MY BAD!! so injury got written up as of 12/27 so when I finally did see a doctor they had me on restrictions such as no right handed work well my employer never sent anyone over to help me I manage the cafe and was by myself each day for the first 21/2 hours I am right handed and could not cook left handed again reported to the director of food service that I needed help that I could not cook left handed. No help given even when they put me in a sling I was alone for the first 2 1/2 hours I was never given any help from employer now I have to call the WC insurance company tomorrow I don't know how much of this knowledge I tell them. The nurse at the company our cafe is in (KC) even called my employer to tell them they needed to follow the restrictions set out by the doctor, to no avail and when I did get help from the company for the rest of the day it was an old lady who never cooked in a rest. in her life how in the heck was she to keep up with the demand? they were forcing me to do the job. any help on this situation would be appreciated thanks

  2. #2
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: employer did not follow restrictions

    The restrictions were given to you not your employer; it's up to you to follow them. You were within your rights to leave any duties that exceeded your limits.

  3. #3
    Join Date
    Feb 2007
    Posts
    69

    Default Re: employer did not follow restrictions

    I understand that but what would a normal person in my postion do? you don't want to lose your job they don't give you any help and you have 200 mill employees pissed because they want to eat? I didn't feel right to just stand there and not feed them. what about all the other attempts to have this injury reported to no avail? should I let the wc lady know this when I contat her tomorrow? or leave the injury date at 12/27?

  4. #4
    Join Date
    Feb 2007
    Location
    Great Outdoors
    Posts
    20

    Default Re: employer did not follow restrictions

    Quote Quoting beanner View Post
    I injured my elbow on 12/27 have had steroid shot and physical therapy no help doc wants to do surgery on 3/2 to fix torn tendons and ulnar nerve. When this injury first occured actually back in jan 2006 I had hit elbow at work told supervisor that I had injured it and she said "oh don't worry we have all done that it takes a few months but it will get better" well it never really did... Then started a new position with company lot's of repetitive motion elbow really started to hurt told supervisor I wanted it documented again never happened, couple weeks later VP of company was at work site told him about pain in elbow and he asked if I was doing any excercises to make it better I told him I didn't have a clue what excercises to do to make it better. Than we had a five day off period for xmas went back to work turned a fryer basket and bang something popped and arm really hurt, that's when I called HR myself, she stated that she had never heard a thing about my other complaint's I assumed because I was telling supervisors it was being documented, MY BAD!! so injury got written up as of 12/27 so when I finally did see a doctor they had me on restrictions such as no right handed work well my employer never sent anyone over to help me I manage the cafe and was by myself each day for the first 21/2 hours I am right handed and could not cook left handed again reported to the director of food service that I needed help that I could not cook left handed. No help given even when they put me in a sling I was alone for the first 2 1/2 hours I was never given any help from employer now I have to call the WC insurance company tomorrow I don't know how much of this knowledge I tell them. The nurse at the company our cafe is in (KC) even called my employer to tell them they needed to follow the restrictions set out by the doctor, to no avail and when I did get help from the company for the rest of the day it was an old lady who never cooked in a rest. in her life how in the heck was she to keep up with the demand? they were forcing me to do the job. any help on this situation would be appreciated thanks
    Oh boy - Where do I start...

    Notice of Injury:

    102.12
    102.12 Notice of injury, exception, laches. No claim for compensation may be maintained unless, within 30 days after the occurrence of the injury or within 30 days after the employee knew or ought to have known the nature of his or her disability and its relation to the employment, actual notice was received by the employer or by an officer, manager or designated representative of an employer. If no representative has been designated by posters placed in one or more conspicuous places, then notice received by any superior is sufficient. Absence of notice does not bar recovery if it is found that the employer was not misled thereby. Regardless of whether notice was received, if no payment of compensation, other than medical treatment or burial expense, is made, and no application is filed with the department within 2 years from the date of the injury or death, or from the date the employee or his or her dependent knew or ought to have known the nature of the disability and its relation to the employment, the right to compensation therefor is barred, except that the right to compensation is not barred if the employer knew or should have known, within the 2-year period, that the employee had sustained the injury on which the claim is based. Issuance of notice of a hearing on the department's own motion has the same effect for the purposes of this section as the filing of an application. This section does not affect any claim barred under s. 102.17 (4).

    Employers responsibility for notice of claim:

    102.123 Statement of employee. If an employee provides to the employer or the employer's insurer a signed statement relating to a claim for compensation by the employee, the employer or insurer shall provide a copy of the statement to the employee within a reasonable time after the statement is made. If an employer or insurer uses a recording device to take a statement from an employee relating to a claim for compensation by the employee, the employer or insurer, on the request of the employee or the employee's attorney or other authorized agent, shall reduce the statement to writing and provide a written copy of the entire statement to the employee, attorney, or agent within a reasonable time after the statement is taken. The employer or insurer shall also make the actual recording of the statement available as an exhibit if a hearing on the claim is held. An employer or insurer that fails to provide an employee with a copy of the employee's statement as required by this section or that fails to make available as an exhibit the actual recording of a statement recorded by a recording device as required by this section may not use that statement in any manner in connection with the employee's claim for compensation.

    Here is the link to Wisconsin Legislature regarding workers comp situations (as the ones I've mentioned above) there is a lot to dig through but very informative. Hope this helps some

    http://nxt.legis.state.wi.us/nxt/gat...s&jd=ch.%20102

    P.S. And do believe the other poster is right - You should have called employer and told them "Hey - I just cant do this, you need to get some help here now I physically and according to Dr's restrictions CAN NOT DO THIS" - ** ALSO they (employers) should have a notice in writing from your treating physician with limitations AND they (employers) should abide by that.

    As far as the hungry people - You should have told them - "I have an injury and my employer is getting me help - I'm sorry they are not here yet - they should be coming in anytime, in the meantime I'll get your food as quickly as I physically can." I've worked in the restaurant biz as well and when I've had "situations" my customers have always been very understanding. 1 out of 100 might have been "ugly" about it but the other 99 were great.
    Injured Hubby

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