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elbow injury

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theb

Member
What is the name of your state? MO

I was injured on the job over two months ago. Radial nerve has jumped out of the cubital(sp) tunnel causing extreme pain.I filed the accident report the next morning(work nights).It took HR two weeks to even get me to a Company dr. He said only way to fix it is surgery and wrote orders for a one-armed job. Took a month to get to Ortho Dr and he also said only way to fix is surgery but to try a padded brace and B vitamins for three weeks then come back. Well its stupid to wear a padded elbow brace which puts pressure on the nerve constantly and I really dont understand the vitamins part. I 'assume' that this is company procedure to weed out people faking injuries. All this time, I have never been put on a one-armed job, I bring it up and they say that they dont have one armed jobs. I asked my HR person about it and she says, "oh be a man, you can handle it". She also told me that if I do have surgery, that she will make sure it is on a friday so that I can return to work on my regular Sunday night 11pm-7 am shift. Mind you, I work in a factory which makes steel and aluminum wheels. We are currently making 50lb Lincoln Navigator wheels at a rate of 5000 a shift.

I go to the Ortho dr tomorrow and I am gonna to tell him the truth, my damn arm hurts and I want it fixed. I have lost thousands of dollars in over time in the last few month because Im not allowed to work it with an open WC case. I dont think it is right to force someone back to work immediately after having surgery were part of my elbow bone will be carved and removed.
Am I able to take some FMLA to let my arm heal properly? Or should this be a short term disablity thing at 66% of my wages? I guess what I need to know is, How do I handle this? Will I be compensated and at what rate? Can anyone offer advice or what I should expect to be the outcome of all this? I do not want to gripe at my job, but I feel that they are doing me wrong already.
 
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theb

Member
well I did just get a letter in the mail stating that WOrkers Comp has re'cved my claim of an on the job injury. I just think this all smells fishy to me. I dont know how to deal with these people and they are my bosses. And the reason I havent retained an attorney yet, is because I am afraid it will piss my employer off and then I will be screwed before my arm is even fixed. ANother guy at work hurt his shoulder and it took him six months to get it fixed, so he hired an attorney...they fired him for not being able to perform his duties. THATS what scares me.

This surgery includes, a 6 in cut around my under side of elbow to move the ulnar(not radial) nerve to the upper portion of elbow. It then has to be covered by my own tissue, which means they have to re-arranged the muscles and ALSO sawing off the pointed end of my elbow.:confused:
 
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theb

Member
Well I had my second visit with the Ortho Dr. and its now time for surgery. He and I set a surgery date and all be damned if my employer's HR person didnt go and change the date. I had it set for a Wednesday, she said that if I had it done on Wed, that I have to return to work on Thursday MORNING!!! She set it for Friday and I still have to return to work, in a sling, bright and early MONDAY MORNING! From what was explained to me, this is all to protect their "loss-time accident-safety award"......ITS BULL! I will be on "restricted, one-arm duty for four weeks and required to be at work every day"
I am really betting ticked but I feel backed in a corner and I dont want to lose my job.
 

theb

Member
Latest..there are no one-armed jobs and if I dont work what they consider "light-duty" lifting 50lb wheels all night, then I can go home.... HR person also told me again that I MUST come back to work monday after having surgery Friday afternoon. This is to protect their Presidential Safety award so that they have no loss-time accidents for the yr. SO I guess I'll go in as they require and make damn sure I take my meds. I was told that even if the Dr says for me to be off work, that I will have to report to work each day in a sling for four weeks on another shift and sit in the front office filing papers.
How can a company get away with this?
 

I AM ALWAYS LIABLE

Senior Member
theb said:
How can a company get away with this?

=========================================

My response:

Easy. You're the one allowing them to do this to you by failing, or refusing, to obtain legal representation. So, as long as you're willing to let your employer "Steamroll" you, they'll do it. It should be obvious to you that the company doesn't care about you; that they only care about their "Good Housekeeping Seal of Approval". I know, I know, I read what you said about your friend. There are, in fact, remedies if they do the same to you.

Why won't you at least seek a consultation with a local attorney? That's a rhetorical question.

IAAL
 

theb

Member
IAAL, I appreciate your replies. I guess my answer to your question is someone taking 45% of what might be a measly amount anyway is not too smart either. I am basically trying to find a way to open my employer's eyes to what they are doing. They say this is the norm. This is how all injured employees are handled after a surgery. I think thats wrong. Going to work in a wheel making factory doped up on codiene is asking for trouble in my eyes. Putting a safety award before an emploee's recovery time AT HOME is wrong. My wife already pissed off the HR person because she chewed her ass about the "one-armed job" issue and said "Oh so my husband has to come back to work 2 days after surgery to a position that doesnt even exist?" The HR person said it was my fault and my responsibility to make sure I was doing only what my dR ordered. Well how much plainer can I make it when I give my line boss and the HR person copies of the Dr's orders, and then my boss says, ok go rack them wheels over there instead of working on the line. If you cant do that then you have to go home with no pay.?

I got three kids to raise with no CS coming in from the deadbeat ex. SHe's changed jobs 9 times to avoid CS. I cant afford to lose my job! ANd I cant afford to pay a lawyer 45 % of something I dont even know if Im entitled to yet.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Where are you getting 45% from as legal fees?

Look, stay at work, don't stay at work. Get representation, don't get representation. At this point, all you're doing is whining, and this thread is going nowhere.

Come back when you're represented. Otherwise, there's no more reason for you to keep writing because we're not going to talk to your employer, and all you're doing is "venting".

IAAL
 

tigger22472

Senior Member
OP who told you 45%??? I know from experience in cases involving SS disability (which I realize isn't the same) it's 25% or 5300 which ever is less and only if you get it. There are also places like the EEOC to try. I take it that the factory isn't union... however, if it is.. try there.

How much time did the dr. say you need off? They can't force you to work if the dr. says you can't. Does that mean they can't fire you? No.. but there are recourses. You mentioned FLMA have you talked to the HR person about it?
 

theb

Member
I was told the attorney fee would be 45% of what ever settlement is reached. HR person stated that I am not eligble for FMLA because you cant use FMLA with a WC case. If I had injured my elbow NOT on the job, then I could take FMLA to recover.
We are non-union and I plan on calling the Missouri Division of Worker's Compensation hotline tomorrow
 
R

Ramoth

Guest
Theb, your HR person is so full of cr@p I can smell her from here. You most definately CAN use FMLA for WC cases. Since you're going in for surgery, it's a pretty good assumption that your medical condition counts as "serious" for FMLA. Tell the HR person to correct her cranial-rectal insertion syndrome and provide you with the certification forms for your Dr to fill out. If she won't, contact your state DOL and file a complaint about your company's violation of your FMLA rights. They CANNOT fire you for taking FMLA or for reporting your violations. If they do so, the lawyer that I KNOW you're about to hire will have a ball with them in court.

Now listen to IAAL, get yourself a WC attorney, get your FMLA paperwork, and get healed.
 

cbg

I'm a Northern Girl
Your HR person is wrong. You can take FMLA on a workers comp claim - in fact, I don't know how they can NOT provide FMLA and still be in compliance with the law.* However, while FMLA will protect your job (for a period of up to 12 weeks - after that you have no further job protection) it is unpaid leave. You can request or your employer can require that you take any accrued paid leave (sick, vacation, personal, PTO) consecutively with the FMLA. However, you do not receive any compensation while on FMLA if no paid leave is available - nor does taking the paid leave extend the amount of FMLA that you are due. This does not affect any workers comp payments that you may be entitled to. IF workers comp is declined, it also does not affect any short term disability payments that may be available. However, you cannot collect workers comp and short term disability both - it's one or the other.

*This assumes that your company has a minimum of 50 employees within a 75 mile radius AND that you have worked for the company for a minimum of 12 months AND that you worked a minimum of 1,250 hours in the last 12 months AND that your injury qualifies as a "serious health condition" as defined under the statute. If all of the above criteria do not apply, then neither does FMLA apply.
 

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