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  1. #1
    Join Date
    Jun 2011
    Posts
    3

    Question Employer Wont Let Me Return to Work with Restrictions

    what are my options. i was working for the state of tn. been there for 15yrs.
    Last edited by TN.xC.O.; 06-21-2011 at 04:49 PM.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Employer Wont Let Me Return to Work with Restrictions

    Consult with a WC atty... not enough info here...
    Until you are released at MMI/Max Medical Improvement, your ER doesnt' have to address return to work issues...and if you are released with restrictions, they'd have to consider a job that is within those perameters...they are not required to move another EE, or create a job for you...

    If you are union... contact/consult with a rep.

  3. #3
    Join Date
    Jun 2011
    Posts
    3

    Default Re: Employer Wont Let Me Return to Work with Restrictions

    have been released by dr. i have my mmi. not in a union. work sayin they can meet restrictions.

    ---------- Post added at 09:40 AM ---------- Previous post was at 09:34 AM ----------

    sorry it is supposed to say. work sayin they cant meet restrictions. i got a lawyer now employer wont tell me anything.

  4. #4
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,928

    Default Re: Employer Wont Let Me Return to Work with Restrictions

    Quote Quoting TN.xC.O. View Post
    have been released by dr. i have my mmi. not in a union. work sayin they can meet restrictions.

    ---------- Post added at 09:40 AM ---------- Previous post was at 09:34 AM ----------

    sorry it is supposed to say. work sayin they cant meet restrictions. i got a lawyer now employer wont tell me anything.
    Once you sign an agreement with an attorney you are NOT supposed to communicate with the IC/ER directly, unless of course you continue to work then you have to have a certain amount of communication with your ER. However, where you are NOT working ALL communication should go through your attorney. That protects you from the ER/IC claiming you have said/done something that may or may not be true, among many other things. Trust me it is for the best that you let your attorney take care of any communication necessary with your ER/IC.
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  5. #5
    Join Date
    Jun 2011
    Posts
    3

    Default Re: Employer Wont Let Me Return to Work with Restrictions

    its offical i have been terminated from my job because i have to many restrictions and they claim to have no job i can do. does anybody know what the multipliers are or what i might be offered.

  6. #6
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Employer Wont Let Me Return to Work with Restrictions

    additional benefits will be based on your impairment rating.
    more here
    http://www.tn.gov/labor-wfd/wcfaq.html#WCclaims

  7. #7
    Join Date
    Jul 2011
    Posts
    2

    Exclamation Re: Employer Wont Let Me Return to Work with Restrictions

    I have already been there...First pray and seek God for help,and contact your local WC people/Dept. of labor abd workforce developement.They can assign a Work comp specialist to assist you and tell you exactly how to calculate everything.Do not discuss any amount with Insurance agent as of yet.Keep a log yourself and get copies of all medical appts.,results, xrays, mri's, etc.My employer said that they had already hired someone but might call me sometime.That was in 2008.Do not get lazy about this.Keep on asking questions.You may be able to get unemployment also now, if they refused to reemploy you or fired you.Please contact the local office asap.Remember they know the laws...

    Keep a log of every phone call from Insurance, what they say and ask and what you say.Keep a record of all the dr. tells you and go get it in writing that they have fired you...tell them nicely that you need a written copy of your termination and reason for future employment,etc...If your case goes on for years the log comes in handy.Exact times, calls, dates, and who you spoke with and what was said will help you alot.So if someone asks, you look it up and give direct quotes...Keep it nice and tight, it pays off later.
    Last edited by mapp; 07-24-2011 at 08:34 PM. Reason: adding more

  8. #8
    Join Date
    Mar 2011
    Location
    Tennessee
    Posts
    67

    Default Re: Employer Wont Let Me Return to Work with Restrictions

    I assume that you're dealing with Sedgwick CMS as the claims handler for TN state employee WC claims. Some of the claims adjusters there are particularly difficult to deal with, while others are actually pretty open to settling. If you can't return to work, assuming your injury was to an arm/leg/back (something other than just the fingers/hands/smaller body parts), then the maximum you can get is no more than 6 times your medical impairment rating from your doctor. This is, unless you are found to have a permanent and total inability to return to ANY kind of work (not just what you did before the accident).

    Of course, if you have your own attorney at this point, you could possibly seek out an IME with another doctor to get a higher impairment rating to try to negotiate a higher settlement.

    You probably won't get 6 times your impairment voluntarily. Depending on your age, education, work experience, and restrictions, you might get something in or around 4x your rating, though. State of TN employee claims don't frequently pay the whole thing in a lump sum, though. You could also possibly get them to pay a higher amount if you agree to take only the "accrued benefit" (the money for the number of weeks between the time of your MMI and your settlement approval) as a lump sum, with the rest paid out weekly.

    As a state employee, there are longer delays in securing approval for the payment of your settlement, as it has to be approved by some bean counter in the state, and can take weeks to get final agreement.

    If you aren't able to reach a settlement, your case would NOT be filed in the regular Circuit or Chancery courts in TN. Your case would be filed in front of the Tennessee Claims Commission, to be tried by a Claims Commissioner.

  9. #9
    Join Date
    Apr 2011
    Location
    Tn
    Posts
    20

    Default Re: Employer Wont Let Me Return to Work with Restrictions

    If you have Sedgwick, I feel for you. The same thing happened to me with my ER, and am now trying to get SSDI.

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