workers comp blues

4christ

I posted this also on the other board i go to, this is so irritating.....

We really need prayers.......let me tell our situation. my husband is a construction worker.
Aug 20, a 400 pound panel fell on his foot. He took a few days off work, then tried to return but his foot still hurt. He went to see a doctor the company sent him to.... they didnt xray him or anytihng but told him to stay off it for 2 weeks. Well, halfway into the first week, his boss called him and asked him to call his doctor and release him to work "light duty", which he did. he went back to work and was given regular duty, the only thing"light" about it being he worked only 8 hours a day instead of 10!
He trudged thru work for a couple of weeks, then went back to the doctor. He demanded the doctor xray his foot. he (husband) saw the xray as the dr was looking at it, doc said , oh, not broken, hubby said, hey what about this shadow? doc said, oh, thats nothing. (GRR!)
So he goes back to work, in major pain, couple more weeks. the boss was getting irritated with him for limping and basically treating him like he was a piece of cow dung. Finally, a couple weeks ago, he decided he couldnt walk on it and called the office and told them he wasnt coming in becasue of his foot, and that he wanted another doctor (this was on a friday). His call was never returned but when he called his boss on monday, he was informed that he quit~!!!!!!!!!!! We think this was so that they wouldnt have to pay his wages!
this is so messed up, i am fuming about this right now....... he went to a specialist today and guess what? HIS FOOT IS BROKEN!!!!!!!!! he was treated so poorly, by his employer and his doctor, and the injury wouldnt even have happened if the boss would have let him secure the panel properly, but he was instructed not to and look what happened. This is just so not right.....we are looking into attorneys. You know, even worse than the pain he has gone thrugh is the cruddy way he was treated by his boss and the dissmissive way he was treated by the doctor, they didnt care a lick about him! ooohh..... i am so mad right now, deep cleansing breaths....... Lord give me strength!
last night we were talking about just dropping it and moving on, but his foot is BROKEN!
argh, thanx for the forum to vent, all prayers for my husband to have his foot healed and also for the dealings with the workers comp and attorneys would be appreciated. also, any advice? i will keep the board posted on the situation. thanks.

onacruse

4christ, you don't say what State you live in, but in Oregon, if you are injured at work, you have the right to go to ANY doctor ANY time (and not limited to ONE visit or ONE doctor), explain the cause of the injury, and the Worker's Compensation Board takes it all from there. It is solely the determination of the WCB that prevails...you need not get an attorney to defend your rights. All due compensation will be paid retroactively to the date of injury. If you disagree with the initial determination of the WCB, you have very specific appeal rights.

I'm not a specialist on WC law, but I HAVE been through several operations (I am a construction worker too...hahah) and on WC for a combined period of over 2 years. Never had a problem like you describe.

Also, I suspect that the employer may be liable for discrimination and violation of State labor laws. Perhaps others have more certain knowledge of this.

Peace,

Craig

xenawarrior

4christ:

I'm sorry that you have to go through this. I may be able to help you. Workers's Compensation Law varies from state to state, but much of it is consistant. I've been working with it for 19 years and I may be able to provide some insight and resources for you. Feel free to email me at [email protected] . Let me know what state you are in.

One of the worst things that an employer can do is to terminate someone while they are suffering from a work-related injury and many states have provisions in the law for penalties for malice and bad faith to enforce this. Without evidence to the contrary, your husband's employer will be hard pressed to prove that he quit his job.

The first thing that I would suggest that you do is to cease all communication that is not necessary with his employer. Get a good attorney who is well versed in Workers Comp Law and let him/her do your talking. With emotions running high (rightfully so) it is too easy to say something that could be twisted later on.

Let me know if I can help

XW

ugg

truly sad story.....very pathetic....((((((((((((((((((((((((((((((((((( 4 christ )))))))))))))))))))))))))))))))))

4christ

thanks for the replys...

We live in California (we used to live in Beverton :) ) Hey Craig I wonder if you have met my hubby, are you union? The rules for WC here say if you havent specified a dr BEFORE the injury, you have to go where the employer sends you for 30 days, then you can pick your own. The dr they picked was such a quack.... ooh, hubby just walked in, I havent seen him since his diagnosis!

peace-Lauren

onacruse

Lauren, what a small world it is, eh?

I've never been in a union. Was a carpenter for 20 years (mostly self-employed), then construction management for the last 10 years. Worked for Hoffman and Baugh, currently for Polygon.

Maybe I crossed paths with your hubby somewhere at Intel, the Mark Hatfield Federal Courthouse, or the Snake River Correctional Institution?

ROFL...makes me sound like I was a criminal, doesn't it?

Craig

xenawarrior

You mean you aren't Craig???

Wow, ya learn somethin new every day!!!

XW

Undecided

My son and my brother-in-law are going through the workers compensation ordeal now. Both have serious back injuries. You must have a lawyer in order to get anything from them. A lot of paper work is required. Good luck with your ordeal. The employer will try to keep you from getting anything.

Ken P.

buffalosrfree

Workers Comp is something I know a little bit about, in fact today, i just setteled with the insurance company. It's been over four long years. if they fired him, get an attorney, get an attorney anyway, The employer wont protect your rights believe me. You need to speak with the insurance company that handles your employers workers comp stuff, They will tell you where to go or you can tell them you need a different dr. When you get hurt employers show their true colors. I was hurt and employer never told me who their insurance company was, I had to force the issue. You will too. Don't let them off. Like I said get an attorney, One who specializes in Workers Compensation. Learn to be Patient this stuff takes forever sometimes, but they will start paying benefits if hubby out of work for over 14 days. Also any $$ to spend on medical will be done by employers insurance company but put in the paper work get copies of it and protect yourself. B.O.L.

workers comp blues

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