Back To Work After Injury And Their Behavior

[2catsandadog]

For those of you who haven't lost your job after your injury and are back without restrictions (even with restrictions I suppose), how have your bosses treated you? Are you ready to quit b/c you are being treated like crap? And if you are do you think it relates to being out for so long with the injury? Are you being treated crappy even if you've been back for quite a while?

How can you tell if the crappy treatment is b/c of the WC claim or is it just crappy treatment?

I've always been treated sorta crappy at my job, but it seems like it's worse now that I've been back. I am given a job or project to do and then NOT given enough time to complete it. When I say something that I need more time to complete it, I am met with a "sorry too bad, get it done anyway" kind of attitude. I can't complete MY job in MY department b/c I am always doing something else. I can't quite tell if this is a form of hidden harassment b/c of filing a WC claim and was out so long or if it's just the usual thing. I can tell you it's driving me NUTSO! I am wondering if they are just acting this way to get me to quit. I like the job, I just don't like how I am being treated and I am ready to leave. If I do leave, then I feel like they finally won. I would like to stick it out as long as I can but I know for my health (after knee injury, my back is screwed up too and this job is actually starting to make it much worse, so more so than their treatment of me, I need to quit b/c of my health.)I need to quit. I just don't know what to do about it.

[NCDD]

2cats&dog, sorry to hear of your grief but I feel your pain. I too was returned to work prematurely, everyday is a struggle to hold on. I work in constant pain and fear of making my health situation worse, although I do have some restrictions, they are a joke. The company doesn't seem to do anything to make my transition back any smoother, I was demoted right off the bat. What really bothers me are the people whom I thought were really my friends, even the christians who know me. They are all treating me like crap, sucking up to the boss. I would love to quite but I have toooo much to loose...all my time with the company, 401K, benefits...all things I have worked very hard for and I refuse (at this point) to let them have them without a fight. My boss is a real jerk, he doesn't even talk to me anymore, he sends everyone else to do his dirty work and report back to him. I guess I never really thought he would stoop so low, but I guess when it comes to WC there are no rules or lines that won't be crossed. You can rest assured your treated is directly related to your claim, but they will never admit it. If they were crappy before and worse now, they are trying to make you quit and sometimes if you can manage to move on peacefully, you really win, because staying around and ruining what good health you have left is another way they defeat you.

Best of Luck.....

[2catsandadog]

Thanks. I heard through the grapevine that boss was p.o'ed that I was gone so long.....well geez, I purposely got hurt, didn't she know that?

I've been wanting to leave, but I don't want her to think she won this silly game. The other boss is almost worse.....he won't listen to me.......he harassed me several times about my restrictions, and he is just plain rude!

I wanted to ask the lawyer about this but he'll probably say what you are saying! Thanks!

[BvIA]

It is illegal in most states to discriminate against an EE for filing a claim for WC benefits, or even letting it be known that you intend to file the claim.
There are also federal laws that deal with discrimination in the workplace. You may have a claim under the ADA or FEHA rules/laws. You should at the very least, speak with an attorney who deals with this issue. Consultations are usually at no cost to you.

Other than those options, go back to your PTP and tell him/her that your ER is not making 'reasonable accomodation' to your restrictions. In many cases you could be returned to TTD status until your ER can make the necessary changes to accomodate/modify your job duties.

Based on the size of your company, there is usually someone above the people you report directly to...there is a point where you will get satisfaction with your concerns...you just have to take the steps.
IF you do opt to go higher with your concerns...DO NOT present with an attitude of being 'picked on'...go in with facts in hand, be ready to point out the restrictions placed on you by your doctor, and describe how you think 'reasonable accomodation' can be achieved until those restrictions can be lifted (if it's possible). Don't talk about how someone has shown you 'attitulde' or is 'ignoring' you, and do not 'whine'....rise above the others.

In many states the laws require that when you return to work, while your former job doesn't have to be held for you, it also provides that you cannot be demoted to a job that pays less than 85% of your previous wage.

There is nothing 'fair' in WC...just negotiation. All these folks who are mistreating you now, have not taken the opportunity to think about how they would fare if they themselves were injured.

Here is a site where you can read about federal laws...just follow the links.
http://www.dol.gov/elaws/

Here is a site that explains many of the concerns common to many IW's and their return to work issues.
http://www.eeoc.gov/policy/docs/workcomp.html
DISABILITY
QUESTIONS AND EXAMINATIONS
CONFIDENTIALITY OF MEDICAL INFORMATION
HIRING DECISIONS
RETURN TO WORK DECISIONS
REASONABLE ACCOMMODATION
LIGHT DUTY
EXCLUSIVE REMEDY PROVISIONS

[hubert]

It is illegal in most states to discriminate against an EE for filing a claim for WC benefits, or even letting it be known that you intend to file the claim.
There are also federal laws that deal with discrimination in the workplace. You may have a claim under the ADA or FEHA rules/laws. You should at the very least, speak with an attorney who deals with this issue. Consultations are usually at no cost to you.

Other than those options, go back to your PTP and tell him/her that your ER is not making 'reasonable accomodation' to your restrictions. In many cases you could be returned to TTD status until your ER can make the necessary changes to accomodate/modify your job duties.

Based on the size of your company, there is usually someone above the people you report directly to...there is a point where you will get satisfaction with your concerns...you just have to take the steps.
IF you do opt to go higher with your concerns...DO NOT present with an attitude of being 'picked on'...go in with facts in hand, be ready to point out the restrictions placed on you by your doctor, and describe how you think 'reasonable accomodation' can be achieved until those restrictions can be lifted (if it's possible). Don't talk about how someone has shown you 'attitulde' or is 'ignoring' you, and do not 'whine'....rise above the others.

In many states the laws require that when you return to work, while your former job doesn't have to be held for you, it also provides that you cannot be demoted to a job that pays less than 85% of your previous wage.

There is nothing 'fair' in WC...just negotiation. All these folks who are mistreating you now, have not taken the opportunity to think about how they would fare if they themselves were injured.

Here is a site where you can read about federal laws...just follow the links.
http://www.dol.gov/elaws/

Here is a site that explains many of the concerns common to many IW's and their return to work issues.
http://www.eeoc.gov/policy/docs/workcomp.html
DISABILITY
QUESTIONS AND EXAMINATIONS
CONFIDENTIALITY OF MEDICAL INFORMATION
HIRING DECISIONS
RETURN TO WORK DECISIONS
REASONABLE ACCOMMODATION
LIGHT DUTY
EXCLUSIVE REMEDY PROVISIONS

very good answer. also make sure you keep a log of each and every day. on how the day go, and how you are treated. do not let ANYONE know you are keeping a log, and writing every thing down. this will help if you end up in the upper managements office, and or in court.

[2catsandadog]

Ok, here is a little bit more info. I hurt my knee, and had gone back to work about 5 months after I was injured. I was told I would not be able to come back until I was 100% released. So, when I saw the dr. he let me go back fully released, but of course I was still being checked on. (I felt I was ready health wise and just was tired of staying home all that time. I was so bored! Well a week or so later after being back, I was already due for another appt. Went and told him I was in misery that my knee was hurting really badly. So he gave me restrictions and work accomodated me. About a month later, I was having some issues with my back and wasn't sure if it was related to my knee issue or not. Saw the knee guy again, was told to go to back guy to have it checked out. Got diagnosis on back, put on restrictions. Well all of a sudden, after restrictions were being accommodated I was told I could no longer be restricted.I was told it was b/c WC claim had been over, that I was fully released. I was sent home. I tried to file a claim and TOLD them the dr. said it WAS a work-related injury.They would not give me the paper work and I had to go through the lawyer to do it. Well, I was mistaken for how the dr. said it was work related. Apparently he wasn't sure if the knee and back were connected. So with all the fighting that was going to be involved, and I was not going to get paid being off work, I felt, regretting it now, that it wasn't worth it to possibly lose my job b/c of that, so I asked the dr. to release me and told him I knew it was going to possibly cause more injury, but that I would be careful and work around the situation.

I guess I was ready to come back, but I am really not healed now. I cannot squat and I sure can't kneel without pain. I TRIED to tell the boss that, and that that's why the dr. said I needed to sit when I needed it. It seems like they think that becasue the dr. released me she won't budge and it seems like she thinks I am fully healed. I am not. I tried going back to wc dr. to tell him this and he wouldn't do anything about it. This is why I think I am being treated like dirt.

Thanks for links, I'll check them out.

[hubert]

seems like the back would very well be related to knee problems, can you get a second opinion?

[2catsandadog]

Yeah, I totally agree with you but both the knee person and back guy don't seem to see the connection. I mean it was just about a month after I had come back that the back started hurting like mad. It actually didn't start to be a back issue...it was more my legs hurting like mad...burning, ropy sensation and my knee cap felt like it was going to pop off and someone was twisting my muscles and then pouring hot water over it! I know it was b/c I was completely all screwed up mechanically. If you've ever had a cartilage injury to the knee, you would know what a pain it is to try and bend down when you can't squat b/c it hurts AND b/c you just can't physically do it. Now it's been some time, and I can for short periods of time, but every time I try to do it, it makes my knee hurt for several days and so inflamed feeling, not to mention it's hurting my back too. IT's hard to explain but I can't bend my knee back toward my butt. I've tried to tell this to the knee guy b/c *I* don't think it's normal to have that hurt like that but part of it is that I am having a hard time understanding/remembering I am missing a portion of my mensicus so I will probably have some pain for the rest of my life b/c of that. I was also told that meniscus injuries can take up to a year to heal. It's not like a broken bone at all. My job is very physical so I am sure that's putting stress on me too.

The lawyer seems to think I'd have a 50-50 chance of getting it covered. But by the time we would be at court fighting over it, it'd be a couple of months and if I wasn't healed/released from restrctions I would have lost my job. Well, I can't afford to have no income for what was going to seem to be 3-4 months, so I just couldn't do it. Shortly after I made that decision I did regret it b/c I should have fought to make a statement and b/c I do still believe this is all connected. But the back guy told me that I waited too long to see him and I told him that I wasn't hurting until AFTER I had been back, and I never made the connection that some of the hamstring pain I was experiencing after my knee injury could be due to the disk issues (although I am not totally sure that was the case but in my not so dr. opinion I think so. ) I just don't really know and I just think he's not convinced.

[nightbreed38]

Please read up on the eeoc and civil rights I did and when they pulled that crap on me I file a suit and won.Also read up on workers rights.Hope it helps.

[Crush]

I to had problems at work,mainly with the bosses son.Its a small company(30 people),so I work directly with this guy and also with his brother.His brother treats me well and wishes me luck from doctor appointments to getting what I deserve from the Comp Ins.The first brother talked to me like I was a nothing.I couldnt do a damn thing right in his mind.One time he actually said "what good are you just working part-time?".Ive been working at this place 18 years and before the accident put in many hours to keep up,etc with the orders.I mentally counldnt take it anymore with him.So right away one mourning..................I told the "nice" brother that I could care less if I had another job lined up or not, Im going to walk out if he doesnt start treating me better.So the "nice" brother set up a meeting for the 3 of us after work that day.I let it all out.When I was done speaking my peace and nearly in tears, I actually got an apoligy from him.I believed he was sorry because in my 18 years there,I never heard those 2 words out of his mouth.This was 2 months ago and to this day things are so much better.We actually laugh together and Ive been more comfortable around him. Couple times he actually seemed to care when he knew I was hurting.So I guess what my advice would be is....................TRY talking to the employer. Tell them how you feel.I do realize most employers WANT the injured to quit,but that is not the case with me.