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  1. #1
    tex Guest

    Default Help After Injury Falling At Work

    Saturday, March 20, 2004 - 06:27 am
    --------------------------------------------------------------------------------
    I've been off work for eight months now and still am not any better. I fell out of a truck at my job and hurt my lower back. I've been twisted ,shots ,Mri's you name it. OK I was released to light duty appr. 4 mos. ago I contacted my work and documentation sent to them. They responded with we dont have any light duty work. Three weeks after that I ran into a co-worker that had knee surgery. He informs me that he is went back to work doing light duty. Seems that one of the ladies in the office is having a baby. He is taking her spot answering phones and filing.I got my release before he did , now shouldn't I have been given the job opptu. I mean I was three to four weeks ahead of him.I am a hourly worker a 10.50 @hr this is funny he is a salesman with a salary, they averaged his income at 19.65@hr .Commonsense tells the Company to pay me I'm cheaper labor. I'm starting to feel some partiality here -not to me. Is this discrimination againist me or can the boss just pick or wait on who he wants.3 mos. have gone by and the woman is back and co-worker is back to his job.Since this I've been thru work hardening got a MMi % from my treating dr. The next week my Tibs were cut and I started receiving Iibs.That same week I had a app. with the Designated dr. He said that I was not at mmi yet and he wanted to see me in about 2mos.The carrier is suppose to reinstate my Tibs but are doing the paperwork drag deal on me now. If they are paying me my iib s then does that mean they agree to the % that my treating gave me? What I'm waiting on now is the Tibs reinstatement and wait. Or what do you suggest.

  2. #2
    been Guest

    Default

    You need a Workers Comp. Lawyer. What your company dosen't want to tell you is,to them you are a Bad Insurance Risk.They will keep stalling you and hope you're just go away.
    It would be helpful to know which state your in.

    Good Luck

  3. #3
    dr. Guest

    Default

    In Texas the DD has presumtive weight on IR and MMI. If the DD stated that your are NOT at MMI then the IC will have to reinstate your TIBs. This can take a few weeks, but they should write you a check for the difference between your IIBs and TIBs.

    Good luck

  4. #4
    deb Guest

    Default

    sounds like you have a bunch of brown noses at your job aww well they are everywhere .

  5. #5
    anonymous Guest

    Default

    Sure are.

  6. #6
    former Guest

    Default

    Actually the problem here might be with the different restrictions you and your coworker have.
    With a knee injury sitting is not normally a problem so he could do the job that sounds like it predominantly requires sitting.
    With a back injury sitting can often be a problem so this light duty might be appropriate for him but not for you.

  7. #7
    mr. Guest

    Default

    I don't know how it is where you are but in New York if you are hurt and on salary you continue to be paid wether you are at work or not. At least this way the company got something for thier money.

  8. #8
    angel Guest

    Default

    Several things can affect whether or not you are allowed back to light duty.
    It is ultimately the employers choice.

    I've seen the following:

    Light duty gladly accommodated, no problem.
    Light duty done by IW, who then presents a morale problem with the other employees who see the IW as getting paid what they are paid and sorting paper clips.
    Light duty accommodated for a standard period of time, say 12 weeks, after that, you are off until you're released by your doc.
    Light duty as breakroom monitor just to keep you in the habit of reporting to work and not staying home or at the hunting club.

    Another big factor is whether or not you are union.
    Salaried employees are often management and are privy to "internal" policies such a wages, human resource issues, business plans, etc. whereas your average hourly blue collar worker may not "fit" in that environment.

    Again, it is the employers decision.

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