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  1. #1
    Join Date
    May 2009
    Posts
    10

    Default Injured on the Job then Fired but No WC Claim Was Made by Employer

    My workers compensation claim was made in the State of: OK
    I was an employee at a small college and while a passenger in the company car that was being driven by the Assistant Director on company business, we were rear ended while at a dead stop [stop light]. The other car never appeared to put on her brakes. She told my A.D. that she (the other driver) was probably going to get fired because she was on her cell phone. The impact knocked the car I was in about 10 to 15 feet out into the intersection. The impact gave me whiplash and my lower back began hurting immediately. My A.D. didn't ask if I needed to go to the ER and when I got back to work I had a noticeable limp. I received no treatment and my employer [the Director] never asked me if I was alright. I got in trouble for taking time off to go to a doctor, continued to limp and one month after the accident, I was unceremoniously fired. The explanation; "It just isn't a good fit." I never received a reprimand about my work and my employer never filed a Workers Comp claim on me. I got a lawyer and now the fight is on. My former employer told the company lawyer that I tripped over my dog and that was the real reason I was limping. The one year mark is fast approaching and I have a doc I don't trust wanting me to get a psych eval so I can have a discogram, a most unpleasant test that simply terrifies me. Now I'm told I am possibly being spied upon by unseemly, shadowy, faceless people who are so unscrupulous as to place a device on my car in order to follow me?! It is too much. Are you saying I can't carry groceries in or plant a petunia or two with out being reported on?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Injured on the Job then Fired but No WC Claim Was Made by Employer

    Are you saying I can't carry groceries in or plant a petunia or two with out being reported on?
    If you are performing activities you say you cannot do due to the injury....then a sub rosa film, a private investigators attempt to discredit you... will be detrimental to your claim.

    The ER's report that you tripped over your dog won't hold much value here... you do have the accident report, and your attorney is no doubt pursuing the 3rd party MVA for you...he should be anyway.
    I received no treatment and my employer [the Director] never asked me if I was alright. I got in trouble for taking time off to go to a doctor, continued to limp and one month after the accident, I was unceremoniously fired.
    Well, you ER is wrong not to have offered you treatment, and for not filing the claim, with their IC, and the state comp agency.

    It would be a good idea to go to the OK web site,.http://www.owcc.state.ok.us/Laws_Rules.htm and make yourself familiar with the rules on WC in your state.

    I already responded to your discogram issues in the other post...

  3. #3
    Join Date
    Oct 2006
    Posts
    9,078

    Default Re: Injured on the Job then Fired but No WC Claim Was Made by Employer

    the carrier can hire an activities check done at any time.

  4. #4
    Join Date
    May 2009
    Posts
    10

    Default Re: Injured on the Job then Fired but No WC Claim Was Made by Employer

    My atty has taken care of everything on that end including filing a form 3 which in our state (OK) stops WC from discontinuing the weekly payments if and when the doc releases me because I was fired. She is also pursuing a wrongful termination suit against my former employer. And will most likely file against the woman that hit me. I'm not looking to retire on this, just want to get better, find a job and go back to work, have a life and have my injuries paid for.

    So, are you saying I can't carry my groceries into my house because I am possibly being serviled. How am I supposed to perform that feat? I live alone and have to do these things. I need food! This can't be right.

  5. #5
    Join Date
    Jul 2008
    Posts
    98

    Default Re: Injured on the Job then Fired but No WC Claim Was Made by Employer

    Quote Quoting scarlet View Post
    My atty has taken care of everything on that end including filing a form 3 which in our state (OK) stops WC from discontinuing the weekly payments if and when the doc releases me because I was fired. She is also pursuing a wrongful termination suit against my former employer. And will most likely file against the woman that hit me. I'm not looking to retire on this, just want to get better, find a job and go back to work, have a life and have my injuries paid for.

    So, are you saying I can't carry my groceries into my house because I am possibly being serviled. How am I supposed to perform that feat? I live alone and have to do these things. I need food! This can't be right.
    what are your restrictions

  6. #6
    Join Date
    Oct 2006
    Posts
    9,078

    Default Re: Injured on the Job then Fired but No WC Claim Was Made by Employer

    one doesn't have anything to do with the other.
    some carriers regularly get activity checks on various claims.
    an activity check has nothing to do with what work restrictions you or your doctor are under.
    changing you routine habits makes it appear you have something to hide.

  7. #7
    Join Date
    May 2009
    Posts
    10

    Default Re: Injured on the Job then Fired but No WC Claim Was Made by Employer

    so i can't carry my groceries in but i'm not supposed to change my habits. ok, i guess i'll sit in the dark inside my house until my chain is pulled by Workers Comp while my groceries gently weep inside my car....sorry, i just had to....

  8. #8
    Join Date
    Oct 2006
    Posts
    9,078

    Default Re: Injured on the Job then Fired but No WC Claim Was Made by Employer

    crying about groceries?!?!
    sounds like more going on then just problems with your claim.
    take your doctors advise and have yourself a checkup by a counselor or psychiatrist.
    you may have some depression at work here.

  9. #9
    Join Date
    Mar 2009
    Posts
    224

    Default Re: Injured on the Job then Fired but No WC Claim Was Made by Employer

    It's not up to you to justify what you need to do to get the things done that anyone does in terms of normal, daily activities. IF your doctor has said you can't lift over a certain weight, then get your groceries bagged lightly. It's completely unrealistic to expect any IW to starve to death or live in squalor if they can do anything for themselves.

    Lots of people live alone and do not have people available in an instant or immediately. You need to talk with your doctor so he or she can know what you contend with in terms of your injuries and if or how they cause you pain. The bottom line is, your doctor will restrict you from doing certain things when you are injured and you have to follow those restrictions.

  10. #10
    Join Date
    Mar 2009
    Posts
    289

    Default Re: Injured on the Job then Fired but No WC Claim Was Made by Employer

    I think I see what your asking. Yes, because you live alone, you can carry in groceries. But having said that, Know that whatever you do, can and will be used against you. Is it fair? NO. But W/C, Your employer, and the system in general is NOT fair. Do what disappearingboy said, and have very little put in your bags. Let them know each time you go in WHY they must pack light. I'm sure they will understand. If and when your attorney gets your mess cleared up about W/C, tell them you must have help at home with some of your daily tasks, because lifting is a problem for you. See what they say. But do not think for one minute, this is going to be easy or fair. They will try to use whatever they can to get out of paying, including you carring groceries. Good Luck!

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