Think being on workmans comp. will save your job? Not now...

[Cluggy619]

I just got on workman comp. because of a accident that just happen to me. As I talked to my doctor, he advised me that I could be FIRED BY MY COMPANY DUE TO A NEW LAW THE LAWMAKERS MADE.

WTF?? Does anyone else heard of this law? My doc I go to is pretty reliable...could this be true? You getting hurt on the job could cost you your job?

Any comments?

[RebelDarlin]

A company only has to hold your job for 12 weeks (the limit of FMLA). If your injury will keep you from working for longer than that, yes you can lose your job. If you will be out for longer than 12 weeks, you may be eligible for short-term disability if it is offered by your company.


This is true for Illinois, I'm not sure about your state. You may want to talk to a Work Comp Lawyer.


Reb

[Twilight Flyer]

If the doctor put you on light duty, I'd see about working in the office. You can shuffle papers for the time that your out of the driver's seat and probably would have no issues at all with your job.

[Trukrswyfe]

Cluggy,

I have always like your attitude and read your posts. As a matter of fact that is what has me encouraging my man to follow tankers. His choice to do, I thought too hard but you seem encourage other drivers that want to see their families to look into it so I have been more open.

OK so why did I say all that....

The reason H had to leave his long time job that he was GREAT at in the first place is exactly the 12week thing that followed a back injury. Dont want to see that happen to you.

Take Ibuprofene, and lot of ice and heat.
Will get the sprain to calm down promise.
He did work for a good company before and was retrained through disability paid for by the company to drive the trucks he once loaded, so it worked out.

[Sheepdancer]

I still have connections at JB hunt when you get better....lol.
From what I understand its been that way for quite a while. If you are hurt longer than 12 weeks, you can lose your job. I havent heard about anything changing about a shorter time. But Ive been on a break from recruiting for a while. It could have happened.

[Orangetxguy]

I guess I was very fortunate back in 1998 -2000. I went through a total of 7 surgery's, with the longest period of being off work, being one 8 month stretch. This was for an illness, not an OJI, and 2 of the surgery's were live or die ones...ARCO didn't even put me on half pay. Every 2 weeks my 80 hour gaurantee was deposited in the bank. Over the course of those 3 years, I was off a total of 23 months.

Now...I am sure that in today's environment...BP would have let me go, under the same circumstances.

[Jackrabbit379]

I just got on workman comp. because of a accident that just happen to me. As I talked to my doctor, he advised me that I could be FIRED BY MY COMPANY DUE TO A NEW LAW THE LAWMAKERS MADE.

WTF?? Does anyone else heard of this law? My doc I go to is pretty reliable...could this be true? You getting hurt on the job could cost you your job?

Any comments?

Well, I dont know how to find the "law" to paste it here, but I do know that they passed a law some years back...in Texas, companies are no longer required to carry Workmans Comp. In other words, if you cant do what you do because you got hurt, they might just let ya go. :shock: (That's what Ive been told)

[Cluggy619]

Thanks ya'll. I'm not worried about being fired. I just heard of this new law that allows employers to fire employees while they are receiving worker comp......they still pay for the medical, but that's it.

If my doctor is right, and I sure hope that he isn't, is this right?

You work your butt off, and once your injured, they dump you?

I'm still looking for info on this law......kinda scary..... :shock:

[kebo072]

Kind of a lengthy story but it's true..................

1.5 yrs ago I was working for a contracting co. in my home town. The job I was on was very hard on your upper body.

Worked there for about 6 years and ripped a muscle in my shoulder which required surgery.

I had the surgery and was put on workmans comp. for 2 months.

When I went back they put me in the same area as I was before, on light duty.

Dr. released me fully 2 months later and tried to do my old job again and the shoulder just couldn't take it.

I talked to my lead supervisor about being transfered to another area and he said there would be no problem.

About that time the W.C. insurance co. contacted me about settling the compensation portion of my claim. Offered me $3500.

I settled the claim, not knowing any better, and screwed myself in the process.

About a month after that they still hadn't moved me to another area and I was struggling to do my old job.

One of the other guys I worked with had failed his hearing test and they moved him in 2 weeks.

So I complain to my immediate supervisor and he talks to the lead supervisor and he said that I had chose to come back to my old job and there fore they aren't going to move me.

Never had a choice period. I was now a liability to them. No matter were they put me I would always be a liability.( my own thoughts)

They knew I couldn't do my old job so they knew I would quit.Pretty crafty
(B!@stards)

So be very careful dealing with W.C. insurance co. I wish I had gotten a lawyer when they wanted to settle.

[Trukrswyfe]

You haven't said,

How are you feeling? Care to update Cluggy?

[Cluggy619]

You haven't said,

How are you feeling? Care to update Cluggy?

I'm feeling better, but still having some pain. I go to see my doctor on Monday morning. He gave me restricted duty this week that didn't involve any lifting, so I ended up taking the week off.... my company didn't have anything for me to do.

When I go in Monday, I'll have him point out where he found his information. He stated it was a new law, getting voted into place July 2007, I believe. I'll check with him and find out where I can find it.

The pick-up that hit me is gone, and could not be found. Kinda angry at that, but I'll keep looking. Maybe I'll see him at a red light.

Thanks for asking.

[thebaldeagle655]

Actually, Workmans comp has never Guaranteed your job. As an employer for about 15 years I became extremely familiar with the laws when idiots did stupid things It guarantees that you, the employee, will be able to return to your job IF there is a position available. Not necessarily the position you left either. You could be a $5,000 a month bring home truck driver, go out on workman's comp and if the company had to fill your position to stay in business or to avoid loosing business, you could be placed in the maintenance shop as a janitor for minimum wage. The company is protected in this too as they do have the right to hire a replacement for an employee if needed. Employers are not and should not expected to lose business because of an employee's injury.