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  1. #1
    Join Date
    Mar 2009
    Posts
    23

    Default What Are the Odds?

    If I go to mediation and the company offers a position to me with small settlement that I will eventually be fired or let go down the line. I have had lumbar fusion(because of work injury) and have 2 other disc problems not related to the actual work injury. I find that they will consider me a liability and even if they have a position I will have to constantly be on the look out for getting fired. I am a high paid employee and they can hire about three part-time or 2 full time for my pay so I can see where this is maybe heading. I am right in assuming that they will want to settle small with a position and later release me..that would be an easy out correct?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: What Are the Odds?

    A WC claim does not provide job security....and while your scenario may be a real possibility, your ER could consider you a valuable EE and be willing to work with you....ER's are not happy about losing good EE's, and the cost of training a new person/s in your job is costly even if they have ''experience''.

    There is no guarantee what is likely to happen... whether regarding the amount of your settlement, how you settle, or your return to work.


    There are laws/rules that cover your questions/assumptions...you can read about those here...http://www.claimline.com/articles/lpa6.html#ada
    Navigating the Bermuda Triangle: Balancing Your
    Obligations Under the FMLA, Workers' Compensation Laws and the ADA
    Table of contents:
    I WORKERS' COMPENSATION
    II THE AMERICANS WITH DISABILITIES ACT
    III THE FAMILY AND MEDICAL LEAVE ACT OF 1993
    IV CONFLICTS AMONG THE ACTS

  3. #3
    Join Date
    Mar 2009
    Posts
    1

    Angry Re: What Are the Odds?

    Quote Quoting tooter9565 View Post
    If I go to mediation and the company offers a position to me with small settlement that I will eventually be fired or let go down the line. I have had lumbar fusion(because of work injury) and have 2 other disc problems not related to the actual work injury. I find that they will consider me a liability and even if they have a position I will have to constantly be on the look out for getting fired. I am a high paid employee and they can hire about three part-time or 2 full time for my pay so I can see where this is maybe heading. I am right in assuming that they will want to settle small with a position and later release me..that would be an easy out correct?
    I was injured in 04 on the job and had to have four vertebre fused in my neck.my attorney never explained to me that if i received long term disability benefits from the insurance company and eventually got ssd I would have to pay back the long term benefits I received plus have my disability benefits reduced because of the setttlement I got.I am now having to pay other people for not being able to work again.Do not settle to soon or for a small amount because when it is over everyone will want to be repaid.

  4. #4
    Join Date
    Mar 2009
    Posts
    23

    Default Re: What Are the Odds?

    I have had to use my work insurance and both STD,now on LTD and I realize that the salary factor in the settlement has to go to repay the STD, and LTD. This basically equals out in the end I am just getting it now to help with bills instead of later and loosing everything. I was denied injury by employer. My FMLA no longer guaratees my same position, pay or hours as I have exhausted the original 12 weeks.

  5. #5
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,812

    Default Re: What Are the Odds?

    Tooter, they may insist on a resignation from you as part of the settlement. That is common, especially on denied cases.

    IF they let you come back to work, I think they will be looking for a way to get rid of you very soon. In NC you have very few rights as to keeping your job. I have seen it happen at least 100 times to my clients in past decade.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

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