Anyone familiar with workers comp cases leading to unemployment?
Hey there
I am in need of some legal/personal experience advice regarding a work injury that eventually led to unemployment. My company offered me a severance check attached to a separation agreement and release that left me with a bad taste in my mouth. Here's the whole story:
I developed a repetitive motion injury that I reported in July. From there, workers comp covered my medical treatment and I had work restrictions. In November I wasn't getting any better so I decided to be taken off from work completely. Workers comp was then paying me 66% of my wages and covering medical. On Jan 9 I went in to see my pain management doctor but the insurance company sent a case manager to attend with me. I informed the dr. that I was 70% better. They thought this was good enough, so they released me from care--meaning I had to go back to work with permanent work restrictions. Because of these permanent work restrictions my employer fired me (b/c I cant do the job).
SO my question is, do I have any legal right to say the work caused me this injury, I can't work because of this injury, I am still in pain, and I can't find other work because I have permanent work restrictions? Do I have more rights than simply filing for unemployment? I am not sure where to turn or what step to take next. ANY advice or help would be much appreciated :)
Re: Anyone familiar with workers comp cases leading to unemployment?
You could benefit by seeing a Worker's Comp lawyer.
Quote:
Posted in reply to the post by swishswash:
I am in need of some legal/personal experience advice regarding a work injury that eventually led to unemployment. ...
Re: Anyone familiar with workers comp cases leading to unemployment?
Hi there,
After four years working for a workers comp attorney. It is best to connect with a lawyer, but make sure you keep in communication with pain management as far as your current physical status and limitation. At the mean time, yes connect with an attorney and have all possible records (doctor visits/treatments received/dates).
I wish you the best. My legal experience is from the east coast, therefore I hope there isn't much of a difference.
Quote:
Posted in reply to the post by swishswash:
I am in need of some legal/personal experience advice regarding a work injury that eventually led to unemployment.
Re: Anyone familiar with workers comp cases leading to unemployment?
First, this is an accepted work injury from what you say, so you do have rights to additional benefits in the workers' comp system. The way that the medical treatment and reporting progressed in your case is unfortunate - the doctor should have released you to modified work, which would have given you further time to obtain full recovery (including continued temporary disability benefits) if the employer had no modified work available. It is possible that some of this can get straightened out, but at the very least you have rights to several types of additional benefits based upon what you've described.
I have been a workers' comp attorney for 25 years.
Ralph Paterno
Quote:
Posted in reply to the post by swishswash:
I am in need of some legal/personal experience advice regarding a work injury that eventually led to unemployment. My company offered me a severance check attached to a separation agreement and release that left me with a bad taste in my mouth. Here's the whole story:
I developed a repetitive motion injury that I reported in July. From there, workers comp covered my medical treatment and I had work restrictions. In November I wasn't getting any better so I decided to be taken off from work completely. Workers comp was then paying me 66% of my wages and covering medical. On Jan 9 I went in to see my pain management doctor but the insurance company sent a case manager to attend with me. I informed the dr. that I was 70% better. They thought this was good enough, so they released me from care--meaning I had to go back to work with permanent work restrictions. Because of these permanent work restrictions my employer fired me (b/c I cant do the job).
SO my question is, do I have any legal right to say the work caused me this injury, I can't work because of this injury, I am still in pain, and I can't find other work because I have permanent work restrictions? Do I have more rights than simply filing for unemployment? I am not sure where to turn or what step to take next. ANY advice or help would be much appreciated :)
Re: Anyone familiar with workers comp cases leading to unemployment?
The first thing you need is an attorney who specializes in workers' comp cases. Second -- and VERY important -- do NOT talk to your employer's insurance company without recording it.
They will twist everything you say, misquote you in their report, and try to make you look like you are lying and trying to scam the company. It is their JOB to debunk your claims so if you don't have a recorder, do not talk to them until you get one or have them only speak to you THROUGH your attorney.
If you record them, make sure you tell them you are recording the conversation for your protection. If they won't talk to you because you're recording the conversation, (be sure to have their refusal also recorded), then decline to speak with them and refer them to your attorney.
I was involved in a workers' comp case & did not know any better... I didn't record the first few conversations and tried to be "helpful" to them in answering their questions. But when their report came out, I was horrified at the quotes taken out of context, quotes I NEVER said, and the implication I was "faking it."
They also -- in all likelihood -- will have you followed & videotaped. So watch yourself -- especially grocery shopping. Do not lift groceries into your car but have a courtesy clerk walk you out & load your car for you. Park in your garage, close the door and then unload your car. Even if you have one loaf of bread in one bag, they'll video tape you lifting a bag & write it in the report. They won't ever mention it was just a loaf of bread or bag of chips.
Your employer's insurance company is NOT your allie. They are NOT on your side, and they do NOT want to help you with your claim. They will do everything in their power to debunk you, discredit you, and make you look like a liar.
Your best bet is never talk to them without your attorney present, but sometimes this isn't possible so get yourself a hand-held recorder. ($40 radio shack) -- it will be well worth your time & well worth the $40. It could save you in the end.
Best of Luck! The workers' comp system is in dire need of a re-vamp.
