Arkansas Workers Comp questions /:

[blairanderson]

I have been on workman's comp for almost two weeks now from an accident that happened on September 4, 2012. The doctor that my company has sent me to is a complete jerk who does not care what happens to me one way or the other. He has referred to me as a "bigger girl" and has told me to "straighten up" when I told him that him yanking and pulling on my knee (one of the two places I injured at work) was hurting. On top of all of that, he has told me that if I need to miss a day of work due to pain, that he can take care of the paperwork for my boss. The few days I've had to miss, I've told him about and then he told me this past Monday that I needed to stay off of my leg until I could get an MRI done on my hip and knee. I had that done Wednesday and had my followup with him yesterday. Upon returning home from that visit, I had a letter that FedEx had dropped off from my office containing a letter that outlined my job duties and hours and was told that I had been cleared by the doctor to not miss any work due to this injury. So the doctor not doing paperwork (or caring at all) has put my job in jeopardy, as that letter truly makes me believe that they're only waiting until this workers comp claim is settled before they fire me. The corporate office tells me that there isn't anything I can do about the doctor they're making me go to, but is there anything that I can do? I've never felt this helpless in my life. Also, since the doctor has sent paperwork saying I can work no matter what, I can't even file to be paid for all of the days I've had to miss work for things, so now I honestly can't even afford to drive to work. What do I do?

 

[Zigner]

It's time to talk to a work-comp attorney. I'm sure you've seen tons of commercials for them...

 

[commentator]

For starters, call 1-800-250-2511, which is the legal advisory group for the Arkansas Worker's Comp Commission. They may be able to help you and to answer your legal questions. Someone who is so completely clueless, and needs help this badly needs it soon. A talk with a local Worker's Comp attorney may definitely be your best bet. It is almost always the case that you do have the right to request another doctor, some states have a panel you can choose from.

You are sure that this is Worker's Comp, that you have been with the company long enough, that you did report it, and that a worker's comp claim has been filed, right? Okay then, you don't have to worry about being fired for this, because if you are subject to retaliatory firing after filing a Worker's Comp claim, those lawyers will be begging you to call them. Your company has done something illegal.

That's not to say you can't be fired otherwise, though. DO NOT QUIT YOUR JOB. Do NOT get fired for absenteeism. Get somebody to drive you to work. Get the gas money somewhere. Get advice quickly, and then let the company follow through with what ever they want to do. Remember that in this situation, your company isn't always your final authority.

And apart from the worker's comp, if you were fired for these absences for medical reasons, and you've been fully released by your doctor, even such as he is, then you've got a very good chance to be approved for unemployment benefits while you're sorting through these worker's comp issues and looking for another job. If you quit your job because you couldn't afford the gas to get to work, regardless of the reason that is true, or whose fault it may be, then there's not a prayer you're going to be certified for unemployment benefits. Or if they fire you for unexcused absenteeism, either. So keep getting there as long as you can possibly manage with your injuries, and do the follow up on the worker's comp issues during your spare time.

 

[blairanderson]

For starters, call 1-800-250-2511, which is the legal advisory group for the Arkansas Worker's Comp Commission. They may be able to help you and to answer your legal questions. Someone who is so completely clueless, and needs help this badly needs it soon. A talk with a local Worker's Comp attorney may definitely be your best bet. It is almost always the case that you do have the right to request another doctor, some states have a panel you can choose from.

You are sure that this is Worker's Comp, that you have been with the company long enough, that you did report it, and that a worker's comp claim has been filed, right? Okay then, you don't have to worry about being fired for this, because if you are subject to retaliatory firing after filing a Worker's Comp claim, those lawyers will be begging you to call them. Your company has done something illegal.

That's not to say you can't be fired otherwise, though. DO NOT QUIT YOUR JOB. Do NOT get fired for absenteeism. Get somebody to drive you to work. Get the gas money somewhere. Get advice quickly, and then let the company follow through with what ever they want to do. Remember that in this situation, your company isn't always your final authority.

And apart from the worker's comp, if you were fired for these absences for medical reasons, and you've been fully released by your doctor, even such as he is, then you've got a very good chance to be approved for unemployment benefits while you're sorting through these worker's comp issues and looking for another job. If you quit your job because you couldn't afford the gas to get to work, regardless of the reason that is true, or whose fault it may be, then there's not a prayer you're going to be certified for unemployment benefits. Or if they fire you for unexcused absenteeism, either. So keep getting there as long as you can possibly manage with your injuries, and do the follow up on the worker's comp issues during your spare time.

Thank you so much. This helps me out a lot. I didn't know if I had enough info to really talk to an attorney about it or not though. I'm trying to do everything that I can. I'll be making a lot of calls on my lunch hour Monday (from my truck, of course) and seeing if there is anything that I can do about this mess. I don't want to lose my job, but I don't want to work in a place where I'm going to be treated like crap because I was injured at work (while doing something that I was forced to do even though it's an OSHA violation, but that's another issue) and don't feel like the doctor at that veterinary clinic they call Concentra is doing anything at all to even try and help.