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  1. #1
    Join Date
    Aug 2011
    Posts
    2

    Default Nebr Work Comp Learned Through Channels I Will Be Let Go from My Job

    I work in a job where I have to climb a ladder frequently and walk on un even roof surfaces. I sustained a work related injury to an ankle. The company has someone they hired new doing my old job and I am currently back to work doing desk work. after
    being back to work for 4 days I had someone call me give me a heads up that the company was playing a waiting game and that I would be let go after the played the waiting game stuff. They had already hired someone to do my old job so basically the job I was doing no longer exists. yes I did tell them II may be leaving in mid to end of July, that was the plan, however I also advised my boss when asked prior to my injury that plans had changed and I was not leaving, at no time had I placed anything in writing as per a resignation to the company or any other formal notification or set dates. To have to set there now and know they are playing the game is difficult I am doing basiclly little desk work things so they can save their tails and not have to pay any more that they have to. when I was orig injured my boss said they had not yet notified or filed a WC claim as they were trying to keep their WC costs down, and prior to filing anything they paid for my initial emergent care visit and a CT scan of my injury. Only after that did they decide to that they needed to file a WC claim but it was after some reluctance on their part.

    I have read if I leave on my own all WC benfits cease, but one I can not afford to play the waiting game and then be left without a job after they are done playing cat and mouse with me and my claim. From what they started to do with my claim and now that I learn I am like a battery that is getting weaker and about to be thrown in the trash what are my recourse. Its obvious I do not have a job and this job has been put in place so they can say they met all their requirements as the word is they are worried about my injury and my claim as they claim they are worried about Nebraska laws.

    If I leave on my own am I required by law to sign off on any WC? Can if I have problems say 6 months later that is a direct result of the current injury can I still place it on their WC if I am no longer with their company regardless if I left or they terminated me. Also do I have any options if I approach my boss and say I am am aware of their intent and ask them for a direct answer to what or how long my status is?

    This just really P.O;s me is all that they say i HAVE to come back to work so they can cover their tail and know that in a few weeks time that they will terminate me because of this?

    Just needing some inforamtion on what steps I need to take to protect myself. I realize it does not matter a person did their job everyday, they felt it was good enough to give you an increase and now know you are on borrowed time.

    Thanks Frustrated in N/E Nebraska

  2. #2
    Join Date
    Oct 2006
    Posts
    9,081

    Default Re: Nebr Work Comp Learned Through Channels I Will Be Let Go from My Job

    no, your claim will still exist whether you continue your employment or not. In some situations benefits may be affected.
    workers comp is not health insurance.
    you may have additional rights under Federal ADA
    more here
    http://www.ada.gov/
    you may also have the right to file a discrimination complaint if you are terminated in retaliation for filing a claim
    more here
    http://www.wcc.ne.gov/about/contact_information.aspx

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,946

    Default Re: Nebr Work Comp Learned Through Channels I Will Be Let Go from My Job

    Have you discussed the claim and options with your attorney?
    If you dont' have an attorney...it would probably be a good time to consult/consider retaining counsel.

  4. #4
    Join Date
    Aug 2011
    Posts
    2

    Default Re: Nebr Work Comp Learned Through Channels I Will Be Let Go from My Job

    thanks for the advice appreciate it I will look into some more of this. What opinion does anyone have on letting my boss know I aware of whats coming? As I said will be difficult trying to maintain and knowing whats coming in the weeks ahead and still be there.

    Also if I understand even if I am the one who elects to leave employement my claim will still exist? If I have problems directly related to the injury and I have treatment/therapy do they still have to cover the expense even if I left their employement or can they refuse the claim?

  5. #5
    Join Date
    Oct 2006
    Posts
    9,081

    Default Re: Nebr Work Comp Learned Through Channels I Will Be Let Go from My Job

    the circumstances of how you leave your employment is irrelevant to your claim.
    the policy covers your employer from your claim. the employer's coverage remains regardless of your employment status.

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