Anyone experience Workmans Comp. madness?

Question

i was a driver for fed ex, i hurt my knee 5/28/05(fell down the stairs) cut my knee open, went to er. after my job..had staples put in, seen fed ex doctor that next week, then a new doc (i chose) had having arthroscopic surgery, having osteo-arthritis now.. im still under doctor care. no lawyer would take my case (laws have changed and lawyers take big cases)
i worked part time and was given 90 days to heal, then got displaced, then terminated after another 90 days. fed ex did NOT help me find another job while i was displaced, had a sit down job and gave it to someone else. they realized they didn't help me with the job searching process (sit down jobs) in my area while i was "displaced" and then they rehired me again for another 90 days. i just had surgery in september 05, was terminated dec 2, rehired jan 15 then re fired april 15. i had to take fed ex to the labor board becuase they held my check 20 days the first time they fired me. anyone experience workmans comp b.s.?

everytime i needed treatment after surgery (injections) acupuncture, i got denied through workmans comp/fed ex people and i had to appeal in workmans comp board and won but its a ongoing battle. just tired.. i have osteo arthritis in my left knee, getting acupuncture now (took 3 months to get approved) also went to fair employment and filed a discrimination complaint with fed ex..

i am receiving 1200 a month for temporary total disability and exhausted all physcial therapy, had surgery, knee injections (supartz) bone scan, 2 mri's (before/after) a functional capacity evaluation, a qme doctor review and after my doc declares me "permanent/stationary" then ill only receive 220 a week UNTIL they "offer" /settle.
on top of this i filed a 132a/discrimination while on workmans comp which WONT be discussed until they offer me / we meet at workmans comp board.. and then the fair employment discrimination is different. anyone experience this NIGHTMARE?

Answer 1

Double check the law in your state. Below is for California based:

In all but seven states, workers' compensation laws require insurers to provide complete medical coverage without durational or monetary limitations. Special provisions limiting medical coverage apply in Arkansas, Florida, Hawaii, New Jersey, Ohio, Montana, and Tennessee.
State workers' compensation benefits for both temporary and permanent disability pay between 66 2/3 percent and 80 percent of lost wages, up to varying set dollar maximums. Indemnity payments also are subject to time limits. Depending on the nature of the disability, payments are made for life, the "duration of disability," or a specified number of weeks. Example: In California, a worker who is determined to have a temporary total disability receives payments for the duration of their disability. Those with a permanent total disability receive the state's temporary disability benefit — up to $490 per week — for life.
Temporary and permanent disabilities are also classified as partial or total. This affects workers' compensation benefits as well. Permanent partial disabilities, enabling employees to return to work in the same or a different function, pay lower benefits than permanent total disabilities. Example: In Alabama, carriers must pay 66 2/3 percent of an employee's lost wages for 300 weeks if he or she suffers a permanent partial disability. Individuals with permanent total disabilities receive 66 2/3 of their lost wages for the duration of their permanent disability.
Most states provide disfigurement benefits for serious injuries to the head, face, or neck (or any body part visible in the normal course of work), which "handicap employment" or hinder "earning capacity."
Before paying temporary workers' comp benefits, most states require employees to satisfy a waiting period, which is usually between 3 and 7 days. If an employee can't work after the waiting period, he or she qualifies for disability payments. Temporary disability payments generally stop when an employee returns to work or their physician releases them for work.
Most workers' comp laws require employers and insurers to pay for physical and vocation rehabilitation services. Employer responsibilities vary widely from state to state. To learn more, click here. Only North Carolina, Pennsylvania, and Wyoming do not have vocational rehabilitation provisions in their workers compensation laws.

In every state, workers' compensation benefits are subject to "offsets," or reductions, if the employee is receiving funds from other state or federal programs, such as a state unemployment agency or the U.S. Social Security Administration. Offsets can be as much as 50 percent.

Answer 2

Ask Workers Comp. about retraining programs. I had carpal tunnel surgery on both hands and I am in school for retraining which w.c. is paying for. I was left with permanent partial disability so I can't do the same type of work. I went to a lawyer and he told me to go and talk to these people. I am not getting any kind of income and I had to fork out money for uniforms but it will be worth it in the long run. I'm taking up medical assisting. I didn't have a case with that lawyer, he just gave me advice on what to do because I was worried that I was going to get fired because I was unable to perform certain tasks. Good luck.

Answer 3

Once upon a time if you were out on WC the employer had to hold your job for a minimum of 5 years. Not anymore and unfortunately an employer can let you go if it is due to lay-off's or due to the workload and it is an absolute necessity to have your position filled. Your only legal remedy would be if you were covered under one of two things: 1 - The Family Medical Leave Act and based on what you wrote I doubt you are eligible (minimum 1 yr employment, worked 1,250 hours, and organization has 50 or more employees.) 2 - Company policy that allows leave for "x" amount of time due to illness or injury and you did not exceed that leave time. Wage and hour division of the Department of Labor does not oversee WC cases nor does the Better Business Bureau as that is an agency you report fraudulent business practices as a consumer and not an employee. It is never a good idea to terminate an employee who was out on WC since they can bring legal action against the employer on the grounds of wrongful termination, but if your employer can prove any of the following: "(1) the employer is severely shorthanded, other employees could not cover the work, and the employer could not replace the worker without expensive training of others; (2) violations of important company policies (e.g., drinking on the job); (3) chronic absenteeism and failures to report to work or call in; (4) failure to keep employer advised of condition and date of anticipated return to work; (5) the employee�s substandard work performance; (6) the employee was unable to do the work (or any substitute work) at the company due to the disability. As a practical matter, an employer must establish that it had good cause to terminate an employee after learning about a workplace injury (even for at-will employees)." It sounds as if your employer terminated you for reason number 1. This is not to say you still cannot speak to an attorney and see if grounds exist for you, but based on what you wrote it is highly unlikely.

Answer 4

In reading numerous injury case, I have to admit that my is one of those great madness case. I started working for DOD, dual status with dept of army and civilian position, 8 month working my supervisor with intent cause injury by droping a military HMMV hood onto my mid/lower back area. Supervisor never filed an incident report, did not inform chain commend of the injury or incident. I went to civilian side, inform me that they would conduct an investigation, NEVER happen in 2 1/2 years, lost my military status because I could get a medical waver within that time, got fired from my civilian position because I lost my reserve status. Its gets better, my supervisor and command never had any intent to do any type of investigation, but to come up with memos that I was going to shoot my supervisor, kill myself, commit terrorist acts "I was never interview or question about the injury nor about my so call work place threats". The DOL refused medical treatment because of my supervisor and command now claiming that my claim was not real. Years (13) later with numerous back surgery and delays, I am still fighting the DOL. They will lie through their teeth about anything, delay and deny everything. I have tried several lawyers who want $10,000 to $20,000 up front for the case. I have lost everything, my health, income, education, military career, personal living, relationships, my job and for what, a system that's so corrupt and grossly mismanaged. Good luck in finding a good lawyer, I have written to my congressmen, senator and the white house...it was a joke! they made every effort to come up with excuses has to why everything was no longer an issue and yes mistakes where made in my case...I am still fighting for the most basic care and treatment. It gets worse, so much lying...

Answer 5

Yes, my ex-husband, back injury, in California.

Answer 6

I wish to ask the same question as the op.