Workers' Compensation: The Employer / Employee Relationship
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- Опубликовано: 27 сен 2024
- You're hurt at work... doesn't your employer owe you a road map through the workers' compensation system? Nothing seems to sour a relationship between boss and worker more than a work injury. But with proper workers' compensation guidelines in place, why the bad blood? Produced on location at the Union League in Philadelphia, PA. Program 0829.
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Are you going to address the fact that Employers by law cannot fire the IW... THIS is the reason the Adjustor withholds benefits, interferes with medical care and the Employer begins a campaign to harass and intimidate the employee into QUITTING.
It wouldn’t be right to fire a worker due to injury. You really think an employer will help out his fired injured ex employee without being forced to by the law.
Absolutley, the best videos on you tube. Quality presentation.
The system is so screwed up it’s not funny. If this is the best that it is after a 100 years they don’t want any thing changed. It’s all about generating revenue. For all involved. Think about it. And these idiots talking make tons of money. Do you think any of them wants the system changed. Bottom feeders.
Good content
Oh and I had a partner that worked with me she done the same job suffering different things they give her a different list of doctors and that doctor told her that her job had nothing to do with her injury and and knowing it did... now she is suffering and missing work
my brother used my home improvement company name without my permission and one day his worker got injured and now his worker is suing to me, my corp. I don't have nothing to do with my brother problem. how can I solve it ? please advise
Can you be terminated, or as they put it "voluntarily resign," (I was notified I had "resigned") after the FMLA time period has expired, following a workers comp injury?
Secondarily, does the occupational health doctor to whom I was sent, have a presumption of bias to look for the least expensive injury, and least amount of treatment?
I have been fighting for a year now to get a back injury, which has been diagnosed by a spine doctor acknowledged as something more than the initial diagnosis of "spinal strain." The surgeon has written letters, and they continue to claim it as "preexisting disc degeneration" which people do not know occurs naturally with AGE. So yes, I was preexisting as a mid-aged person, BUT with no prior history of back injury prior to the incident in question, which involved a patient virtually assaulting me, in his drugged state.
I was returned to work, on sedentary desk duty, with narcotics for pain, and muscle relaxants. No narcotics at work, obviously, but a mild non-narcotic relaxant in the morning, prescribed by THEIR MD that made me drowsy, and I dozed off on data entry. (No patient care involved) That led to being put off work, and then the "resignation" three months later. I should note, I was NOT "under the influence" of ANY narcotic or benzodiazepine.
I feel I should NEVER have been put in that position where that could happen, OR, the doctor should have notated that I was taking meds that could make me drowsy. This is their doctor. I was returned too early, not treated properly, and now unemployed.
To top it off, the insurance company has decided to overrule the designated doctor who has seen me, twice, and said I have NOT reached MMI (maximum medical improvement) using their own opinions, and have stopped all benefits as of April. I can't work, don't qualify for SSI without an impairment rating, and need surgery.
Having said all this, would I be wise to retain counsel to deal with the employer wrongfully terminating me, as well as the other issues?
I am looking at bankruptcy soon, so this isn't a joke, nor am I "malingering" because I just enjoy having my savings wiped out.
These companies do all they can to break people and have done quite well at it.
Suggestions?
Texas laws state that TIBs can't be stopped until the MMI has been reached or 104 weeks post injury. Their biggest faux pas, in my non-legal opinion, is ignoring the state appointed designated doctor's opinion in favor of their own.
Shelly, this sounds like a very difficult situation for you, and combines the workers comp aspect with employment. Three things: 1) Have you seen a workers comp attorney for a no-cost consultation? You can find one by going to your local bar association's website, and many people ask friends, family and coworkers for their referral to someone who is specifically practices workers comp. In some cases you can get benefits that should have been paid previously, ask the attorney. It could make a big difference in your finances if your are eligible. 2) One of your other avenues (perhaps after consulting a workers comp lawyer, your case may vary) might be to seek a consultation with the EEOC (Equal Employment Opportunity Commission) office in your area. Start here: www.eeoc.gov/employees/ They may or may not be able to help you based on your individual situation but our viewers have reported that even the information they get is valuable and gives direction and sometimes filing against the employer. 3) Labor and employment law: Some people go through the EEOC and do not retain an employment attorney but some work with both. Again, it depends on your employment situation, and in some cases you can get back benefits or another financial settlement. Go here to look for employment attorneys in your area. exchange.nela.org/network/findalawyer. Again, you may find it helpful to ask someone who has been represented by an employee's attorney for reference. We wish you well and hope you find some help soon.
Sounds like you put all your trust into the employer and you were sounds like set up for failure. When injured you should always see a WC lawyer to get an opinion and document everything. Good luck
Do all workers comp cases end in a settlement
What do you do if you are injured at work
Do you shuttle case under the influence of drugs
worker comp is a joke
Hi i had a fall on my job it was dark in the i tripped and fell injuring myself seriously i was receving workmans comp than the jobs lawyer had me go fot a mmi my benefits were stopped i was sent back to work with no restrictions by their doctor who told me before he left the room he was sorry and he wish me well but he works for the other side knowing what he was going to do knowing i was in server pain after i heard what the hearing i went to said they took what their doctor said and not mine it is not fare i went to my doctor which had me go to another orthopedic doctor for my cervical spineand for both my shoulders they both said surgery but work mans comp is giving me a time they are trying not to pay for my surgery and this makes no no no since my orthopedic doctor told my my situation is do to my trauma i need help i just dont understand were is the justice i fell because my job did not have ligjtage3 in the area and i fell fully uniform headed to do my rest of my shift and no fault of my owen and here i sit not able to work for over a year and i have been off for over a year and i cant get benefits my income has gone from over 4000 a month to 1080 per month. Help me if you can
You need to get a panel qualified medical examiner. There’s 3 on the list each side strikes until 1 is left.
I was a nanny was walking with the dog and the baby the dog run cat my finger I fall got concusion broken my nouse my I been with doctor neurologist ficico therapy my boss paid the coopaitments and paid my the 6 months I diden’t work but I still so sick inflamed brain hurt finger can’t work neurologist said it w’ll take over the year or pill for life so my boss report me to his home ensures for cover WC but I’m not sure I Hire a lawyer? Also my boss Ofer me 10,000 and sign a proper we’re I do not w’ll do nathing ligal in the future not sure what I can do?
When you get hurt. You are done. They done tell you nothing. About workman comp.
I love folks talking work comp with a piano in the room. LOVE IT.
So I got injured in DC in January. The first emergency hearing was April 28th insurance attorney claimed he did not knew about the hearing. The adjuster was in vacation. The adjuster came back to work on May 6th. On May 7th I got an email from employer stating that I was terminated. When I asked that I can’t be fired while on workers comp, the employer said that insurance said I was not on workers comp. then union stepped in and they gave me the job back because they can’t fire me based on the CBA. However they gave me to be back to work by May 31St . I told the employer that we have another hearing on June 24th and doctor cleared me to rerun to work June 11th. The employer said I was no longer with the company. The workers comp did order the employer/carrier to pay me during that time but insurance appealed and next hearing is in December. However how I’m forced to file for bankruptcy because I still did not received payments.
Dont know how I missed this one. Maybe I was in jail? Hmmm? Found it now.
My mediation is today. Really do not know what to expect. I work for the board of education. But this is still helpful. No emotional concern has been shown to me. They would rather blame me despite the 3 months of physical therapy and pain that is still there.
My understanding you get nothing in Michigan long as u can do another job I get nothing I have been told this by several we attornies that’s my story they offered me 3000 that’s it. Isqs good I showed up everyday I really don’t know what I did wrong oh an I was fired they cared in no way that I wanted to file comp
How much is a typical workers comp settlement