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  1. #1
    Join Date
    Feb 2012
    Posts
    2

    Default Injured with Company That Sells, Now New Company Places Me on Unpaid Medical Leave

    I worked for this company for 2 years, injured my back (lumbar buldge) and was placed on light duty. Did light duty for 3 weeks. Company sells out and new company takes over 1st of the year. Worked 4 days with new company and they place me on medical leave (as they called it). Stating i was a liability and could only return to work for them when i get a full medical release without restrictions. Then i would have to fill out a new application and they would consider rehiring me. They then claim that i am still employeed by old company and will have to take up matters with them about workers comp. The old company has since payed me 75% of my pay, and i have no problems with them at this time. Now the new company did not give me any medical leave paperwork to fill out, and had asked several co-workers if they wanted my job. I have since been off for over 1 month, just received a steriod injection and may need another. So i dont know when i will ever be released or if i will still have a job, because nothing was ever given in writting. Is this legal to place someone on medical leave for an injury(from old company) after hiring them to work for you? What are my options?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: Injured with Company That Sells, Now New Company Places Me on Unpaid Medical Leav

    It would be the former ER's WC carrier paying you benefits.

    Is this legal to place someone on medical leave for an injury(from old company) after hiring them to work for you? What are my options?
    You won't find a law that defines everything in life... legal/illegal.. maybe, maybe not.
    Placing you on "medical leave" is an ER internal policy, unless you were eligible for unpaid leave protection under FMLA. That would provide up to 12 weeks job/benefits protection. There is no job protection in filing a WC claim.

    Your option are... talk to a TX WC Ombudsman if you are having difficulties with your claim, or a WC attorney.
    Can't guess at your options... you didn't say what you are thinking of doing here...

  3. #3
    Join Date
    Feb 2012
    Posts
    2

    Default Re: Injured with Company That Sells, Now New Company Places Me on Unpaid Medical Leav

    Yes the former company is paying for all dr. Visits, and me 75% weekly.. My problem is that the new company has basically fired me..i only worked for them for 4 day and under their own policys in employee hand book i could only get medical leave after working 1250 hours in a year. They placed me on medical leave they said because of the restriction. I didnt thing you could lay someone off work simply becasue you dont want to accomodate their restriction after you have already hired them. The new company does not have "worker comp", only a workers comp insurance policy coverage, and the hand book says that i was an employee at will. So does this mean i cant sue under adaa?

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: Injured with Company That Sells, Now New Company Places Me on Unpaid Medical Leav

    It doesn't matter what the ER says about "medical leave", that is not federal/state mandate.
    The 1250 hours is also FMLA....

    When companies change hands... they generally take the EE's along with the existing senority, benefits plan etc. If there is to be a change, then all EE's would be terminated, and rehired as per the new ER internal policies.
    There is nothing you're going to do to change what has occured... if they require you to reapply once you are released to return to work... so be it. There is no law that mandates an ER keep or create a job for you.

    When they refer to "no restrictions"... it means you may apply for a job you are able to peform, with or with out accommodation once you are released to return to work.
    The new company does not have "worker comp", only a workers comp insurance policy coverage, and the hand book says that i was an employee at will. So does this mean i cant sue under adaa?
    Yes...the new ER does have "work comp"... they have opted to pay premiums for the liability coverage.

    The former owners apparently have opted to be legally self insured. Texas is the only state however that permits an ER to not have WC coverage.

    So does this mean i cant sue under adaa?
    What are you thinking of suing for?
    IF you have not been released to return to work, you don't have a qualifying "disability".
    If you have been released to return to work, you may or may not have a "disability" under ADA/EEOC defination...
    You cannot sue because you are on "medical leave", or due to your injury, WC is no fault.
    Info on Americans With Disability Act is here http://www.eeoc.gov/facts/fs-ada.html

  5. #5
    Join Date
    Oct 2011
    Posts
    117

    Default Re: Injured with Company That Sells, Now New Company Places Me on Unpaid Medical Leav

    I have to chime in here - same thing hapened to me. I returned with restrictions, worked a week and then told i was not to return until all restrictions were lifted. I have an atty woring on getting WC benefits and in mean time was told to seek LTD - which I pay to my employer for the benefit. My question is what if LTD says they wont pay becasue there is some work I can do just not what my boss wants. Does this mean WC if i get this will have to pay indefinetly? or demand the employer give me something to do so they can reduce their costs. I was blind sided with this latest ploy so I have not fully digested what ramifications there are going to be. In trhe mean time I am without any pay but was told my healt benefits are still intact and to not return until all restrictions are lifted? I had multiple injuries in a MVA Any suggestions? Similar sistuations?

    Thanks

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: Injured with Company That Sells, Now New Company Places Me on Unpaid Medical Leav

    I had multiple injuries in a MVA
    Where there is a third party involved, you should have a PI/Personal Injury attorney as well.
    Your ER/IC is entitled to reimbursement for any benefits they have paid to your injury.

    When you are released to return to work, your ER should determine if there is a job available you can perform within your restrictions... restrictions are generally permenant. If you are not released at MMI, and no job is available...you would return to a TIB status.

    Your atty should be explaining to you what your actual status is, and what benefits you may be eligible for.
    TIB, IRB, etc. WC benefits are not paid indefinately, but in those cases where the IW is 100% disabled.

    If you have a disability as defined under ADA, you may request a resonable accommodation.
    Don't know if your restrictions are permenant, or that you will fully recover from the accident/injuries you sustained.

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