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  1. #1
    Join Date
    Aug 2008
    Location
    Temple Texas
    Posts
    3

    Exclamation Right Shoulder Injury, Have Now Been Fired

    newby here!

    I injured my right shoulder 4/14/08 while climbing into my wrk truck. It completely popped out of socket and move 4.5 inches according to ER doctors. After being taken in an ambulance and my shoulder being reset I went to the occupational Medicene center like I was told bymy supervisor. I was taken off work and set up to see an orthopedic surgeron. Ortho did an MRI and decide I had a ton of damage, and would need to have surgery to repair my rotator cuff, bicep tendon and lathal tendon. After waitin 4 more weeks for approval the surgery finally hapened, have been back to see Ortho who said I could go back to work as long as I lifted no more the 2LBS with my right arm. I took my paperwork to my supervisor he read the paperwork and said there was no light duty available in my position and too just stay home and call in each Monday which I have. My next evaluation is for the 12th of Aug, I was hoping to up my lifting enoungh to be able to work around the yard. My right arm still hurts and after holidin it up for a few minutes goes numb and I lose grip for awhile until it has rested. I received a letter to day in the mail stating " This letter is to inform you that effective August 11th-08 you are being dsicharged from you employment with the COT. This action is being taken as a result of your failure to return to work." I don;t really understand this, yes I could have been back 6 weeks ago but was told there was no light duty for me by my supervisor. I called in when I was supposed to and get this letter in the mail on a saturday, now the next time I could contact someone will be the day i am terminated. any avice do I have a leg to stand on here. I know Texas is a RIGHT to state so employees have absoulutely NO help.

    Cole

  2. #2
    Join Date
    Sep 2007
    Posts
    189

    Default Re: Right Shoulder Injury, Have Now Been Fired

    Cole,
    My best advice would be to get a consultation with a WC certified lawyer. They will consukt with you free of charge, and then go from there. You "may" have some recourse regarding ADA and employment laws, but I am unqualified in that area. I'm sure someone else will ring in with more comprehensive advice than I can give.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Right Shoulder Injury, Have Now Been Fired

    There are requirements under EEOC/ADA/FEHA rules that mandate a ER to engage in the interactive process once you reach a P&S/MMI status...

    Go here...http://www.dir.ca.gov/dwc/educonf14/...A_FEHA_RTW.pdf, here...http://www.eeoc.gov/policy/docs/workcomp.html,
    here if need be...http://www.jan.wvu.edu/,
    and if you need more back up/information to provide to your ER to show what is required you can go here...
    http://legalcatch.wordpress.com/2008...d-individuals/
    Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.

    An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an “undue hardship” on the operation of the employer’s business. Employers may not ask job applicants about the existence, nature, or severity of a disability.
    Even though your ER may think they have policy's in place that provide the ability to terminate you for 'no cause' because there is a 'at will' mandate in your state...that does NOT supercede fedreal mandate to make reasonable acommodation to bring you back to work.
    In most instances, the response you are experiencing now is due to ignorance...(not stupididity) of the rules/laws on the part of your ER.
    Your supervisor is merely attending to the rules as presented to him/her...and not to be held in ridicule...they simply don't know better.

    Make yourself knowledgable of the ADA/EEOC rules that pertain to your RTW...and approach the ER again with the statutes in hand... you'll see a different response to your request to RTW...

  4. #4
    Join Date
    Dec 2006
    Posts
    2,165

    Default Re: Right Shoulder Injury, Have Now Been Fired

    CW, ain ADDITION, if your Employer can NOT accomodate your work restrictions as stated by your PTP, then you should be ON TTD STATUS!
    Have you discussed the FAILURE OF YOUR EMPLOYER to ACCOMODATE with your PTP?? If NOT, then do so ASAP, so that HE can DOCUMENT that [U]your ER has NOT ACCOMODATED YOUR WORK RESTRICTIONS, and that you are ARE PLACED on TTD STATUS, RETRO-ACTIVE TO THE DATE that YOUR EMPLOYER COULD NOT ACCOMODATE YOU!!!![/U]

    Further, it is ILLEGAL under WC laws to TERMINATE you BECAUSE you HAVE filed a WC claim! This could subject your Employer to PENALTIES under WC laws, if proven!

    CW, your REALY need to consult with SEVERAL EXPERIENCED WC attorneys, and perhaps Labor Law attorneys and the EEOC ASAP! A WC attorney and/or Labor Law attorney/EEOC will help assist you regarding these matters, and help ENSURE that you NOT ONLY receive ALL the benefits taht you are ENTITLED to under Texas WC LAWS, but that your Employer is COMPLYING WITH EEOC/ADA and other Federal and State DISRIMINATION LAWS!!!!

    In the Interim, IF you SHOULD find the need to contact your Employer, DO IT IN WRITING, and send your letter(s) via CERTIFIED MAIL RETURN RECEIPT REQUESTED, and request that THEY respond IN WRITING!

    DOCUMENT EVERYTHING!!!! Dates/times./statements made to you by ANYONE from your ER, and any WITNESSES to these statements! IF your ER, or ENYONE FROM WORK contacts you by PHONE, "screen" your calls, and let them LEAVE A RECORDED MESSAGE ON YOUR ANSWERING MACHINE, and SAVE THE MESSAGES!!!

    DO NOT DISCUSS YOUR CASE WITH ANYONE FROM WORK! Your ER/IC/CA can and WILL USE ANYTHING YOU SAY TO THEM AGAINST YOU!!!!

    Good Luck, and keep us posted!

  5. #5
    Join Date
    Aug 2008
    Location
    Temple Texas
    Posts
    3

    Default Re: Right Shoulder Injury, Have Now Been Fired

    Talked to labor lawyer, he says evertything done was done legally and there is nothing he can do. I saw my ortho doc on the 12th. he has taken me off till 9/23 since I have pain and no strength yet. Not sure what else to do, I am getting totally confused with what I can and can't do. Noother lawyer is wanting to look at it since it is the city I am going against here.

  6. #6
    Join Date
    Aug 2008
    Location
    Temple Texas
    Posts
    3

    Default Re: Right Shoulder Injury, Have Now Been Fired

    Going to see my treating doc on Tuesday. He has always been really good with me and said he would also be the one to decide my impairment? what will the TTD status do for me? will it get me more $$ or make it easier to get unemployment. I am not sure If I can get unemployment while on workers comp. I called the Unemployment office and all they would say is to file a claim, they said they are not sure if I would get unemployment or not. I know I would have to be available to work, but how do you apply for work when you are on work restrictions? How can I find a goo WC lawyer. I tried the Texas bar association and all I ended up with were lawyers too far away to travel too. I am going broke on this WC stuff!

    help anyone
    Cole

  7. #7
    Join Date
    Nov 2007
    Posts
    27

    Default Re: Right Shoulder Injury, Have Now Been Fired

    i don't know if this will help but i also had shoulder surgery and returned to work with restrictions. my employer gave me a written job description and also sent a copy to wc doc for his approval. it might due you some good to find out exactly what exactly what job you were supposed to be duing. because if it did not meet your restrictions then you could not have done it and could refuse to do it. in other words what job or they saying you never showed up for. what position did they offer you. or did they even offer

  8. #8
    Join Date
    Jul 2007
    Posts
    64

    Default Re: Right Shoulder Injury, Have Now Been Fired

    TTD = TIBS. I think Texas is the only state that does that. As far as unemployment goes, If the work restriction paperwork form the DR. says you can work ( I know you have restrictions ) then I would apply for the benifits. The worse thing that can happen is they say no.

    Texas does not have many WC attorneies. That is because ( in my mind ) of the obudsman service. The obudsman service can not give legal advice. However they can point someone in the right dirrection and help fill out any paperwork.

    Depending on the outcome of your injury. If you meet the guidelines for DARS.. Then they will pay for schooling or retraining for a new career.

    Take Care

  9. #9
    Join Date
    Oct 2008
    Posts
    17

    Default Re: Right Shoulder Injury, Have Now Been Fired

    They are retaliating against you. file an EEOC complaint against them. Keep all your paper work and a time line of each time you called attempting to go back to work.

  10. #10
    Join Date
    Oct 2008
    Location
    texas
    Posts
    2

    Exclamation Re: Right Shoulder Injury, Have Now Been Fired

    dear sir. i worked for a union for sixteen years and worked with a few workers compensation cases. as far as i know a company cannot fire you from your job if you have and accident on the job. i had and accident with the company that i worked for in 11/04 and went to all the junk and nothing fixed it then i was sent to see what i could do and when i came back i found out that the company didn't have anything i could do anymore and they put me on medical retirement. but it is a hell of a drop in pay going from 5200 a month to 1500 a month. i had experimental back surgery and had and artificial disk replacement surgery of course my insurance agency or company or workers comp would not accept this idea. i had my two year check up the other day and everything is going well with it. but what happened i had went back to work for a company and hurt my back and shoulder again and now i cannot hardly even find a doctor to see me because i'm with workers compensation. what i should have done was seen the doctors and used my medical insurance and then just sued the devil out of the other company. they even had the never to say i wasnt doing my job during the scope of my hours. i had no set hours and would work until 11 or even later. they also said i didn't have a witness but who in the hell is going to be at the shop at 9 o clock at night to withness my accident? waiting on workers comp to get it to benefit review board but this doesn't even going to look like it's going to happen. my word to the wise if you get hurt and you can use the insurance and you find out you did get injured at work then report the injury and then see doctor and use your on insurance and then sue the insurance company that carries your workers compensation claim this way you get more help from your doctors. texas is a right to work state but they also have to follow rules and regulations set up by the texas labor board and as far as i know after working them for 16 years they cannot just fire you because of and accident.

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