Results 1 to 5 of 5
  1. #1
    Join Date
    Nov 2013
    Posts
    8

    Default Employer Won't Grant a Transfer to Facilitate Return to Work

    Hey everyone, hoping for a little input. If im honest wish i wasnt here but ............. iam .

    So cut a long story short i injured my back in feb 2013 and after a bunch of physio and rest , i am at MMI with an 8% rating (which i think is BS, but whatever..nothing i can do to change it or is there?) , my work restrictions are a 40lb limit and thats it. Previously on sedintery work until this point, no work has been offered.


    Here is my problem / question...

    I take tramadol every 3 to 4 hours which renders me pretty much useless. Now my employer wants me to go back to work , but has transferred me to a store further away 1 hour 15 mins drive (it is also much much busier probably 3 to 4 times busier). Why are they doing this, my day will be drive to work, work 2 hours take meds have 2 hours off , work a cple hours then take more meds etc repeat the more i do the more im in pain ...... Can i do that? in your opinion are they being cruel ? as i cant take my meds and drive for risk of DUI?

    I have requested a transfer to a store nearer to my house, (there is one within walking distance ), which has been denied. I have also requested earlier hours , as i have less pain in the am. DENIED. Are they trying to make me quit?

    dont know if it matters any but i am the general manager of a national fast food franchise and i work for a company owned store. I am also on a green card that expires in march 2014. Will be granted a new one as my wife and kids are Americans born and bread. My lawyer cant understand why they are asking me to return to work, he says there is no benifit to them ...........

    sorry for the horrible grammer and composistion, i am currently a little squirrely on tramadol.

    If you can make any sense of my post i would love to hear your thoughts.

    Thanks a very confused irishman.

    p.s. my injury was due to employer negligence and if had it happened back home , i would have hit a huge payoff. Workmans comp laws really need a reform , how can your back only be worth a max of 300 weeks. WTF!

    - - - Updated - - -

    oh apart from the massive drive and now stupid hours , im so happy to be going back to work! I honestly thought i was screwed as far as work went.

  2. #2
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,760

    Default Re: Returning to Work

    I imagine they are trying to get you to quit. Hope you hired the best possible work comp lawyer. Good luck.
    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

  3. #3
    Join Date
    Nov 2013
    Posts
    8

    Default Re: Returning to Work

    Why would they want me to quit ? I dont get it , if i go back doesn't my employer have to start paying me again? If it was my restaurant the last thing i would want is the liability of a General Manager walking around HIGH as a kite ! I could fall/ burn / spill coffee or oil on a guest , myself, employee.

    I have even offered to take a lesser job ( 50% paycut) if they let me work closer to home with reduced hours. Only stipulation being if i ever leave that they will give me reference as GM.

    Thanks for replying Glad i found this place, nice to know someone other then your family gives a shit about you!

  4. #4
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,760

    Default Re: Returning to Work

    Simply because you were hurt and made a claim. Don't assume that they are totally rational.
    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

  5. #5
    Join Date
    Nov 2013
    Posts
    8

    Default Re: Returning to Work

    Quote Quoting complwyr View Post
    Simply because you were hurt and made a claim. Don't assume that they are totally rational.

    Right!!!! Im currently waiting to see if they will allow me to take meds whilst at work, to me the fact that the doctor has prescribed them that is a restriction!

Similar Threads

  1. Replies: 8
    Last Post: 05-09-2012, 12:15 PM
  2. My Employer is Ordering Me to Return to Work
    By vomhelligkeit in forum Pennsylvania
    Replies: 4
    Last Post: 03-18-2012, 09:24 AM
  3. Replies: 8
    Last Post: 09-23-2011, 08:50 PM
  4. Replies: 3
    Last Post: 12-24-2005, 11:51 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer