Need Help =(

[mrxkim]

What is the name of your state (only U.S. law)? CA

Sorry i don't know if this is the right place to post but....

I was recently hurt and broke my hand but not on the job, it happened over the weekend. Also i work fulltime 45+ hours a week. After i had surgery on my hand and had a hard cast over my right hand, and also im right handed. For more info i do computer networking, so both hands are pretty much needed. I got a doctors note that noted i couldn't work for 4 weeks, or i shouldn't really move my hand.. I took about 10 business days off, and was pretty much forced back to work by my manager after 2 weeks, but i still had a 4 weeks note from the doctor, so i went back to work with one hand because they said its not right and i should be working. Im ok with that, but today as i finally got my cast removed, I asked before if i would be able to go home to shower, because of the smell and my hand still hurt. They had me come back in to show my hand? then after they saw it was still damaged they let me go home, but the thing is as i was leaving my vice president said to me, "Hey you know you have no more vacation days" Because of my injury, their saying i used all my vacation days. But #1 they never said anything like that until today when my cast was removed so i had no idea. #2 i was forced to come back to work with a 4 weeks doctor note, which meant to me they didnt care about my injury. #3 We're a small company kind of new and the owner is korean, and their company policy is not CA standard and their policies arent really solid, everything is in the air. So my question is, is it possible that they can take away my vacation days? Did i really have to come to work when i wasn't fully healed? Would i be able to make a claim to EDD for unemployment if I was to quit? What type of claim can i file? What can i do i feel like their forcing me to quit. Help is needed im really confused and pissed off right now.

Thanks

 

[dbarr123]

But #1 they never said anything like that until today when my cast was removed so i had no idea. #2 i was forced to come back to work with a 4 weeks doctor note, which meant to me they didnt care about my injury. #3 We're a small company kind of new and the owner is korean, and their company policy is not CA standard and their policies arent really solid, everything is in the air. So my question is, is it possible that they can take away my vacation days? Did i really have to come to work when i wasn't fully healed? Would i be able to make a claim to EDD for unemployment if I was to quit? What type of claim can i file? What can i do i feel like their forcing me to quit.

Ok, first I'm not a professional at this but this is my take. 1st off when your accident happened outside the work place and surgery was needed w/ a 4 week recovery you probably should have gone to your HR dept. for short term leave. Typically the comp. uses all ur vacation/sick so u get paid unless u direct otherwise but this would have stopped them from calling u and given u time to heal. No, you probably didn't have to come back to work early but u did. Short term leave would have protected you against that. If your pain is because of lack of healing time, I would go back to your surgeon and explain to him what occurred. Tell him when you went back to work, were your pain level is, blah blah blah and see what he says. If he feels you can no longer do that job whether for short term or long term the company has to follow those restrictions he imposes and/or they need to find you something that fits into the realm of the restrictions. Now if they don't do that and threaten you (in company language) with not having a job then you should seek a lawyers opinion. Good luck

 

[divona2000]

...go back to your surgeon...If he feels you can no longer do that job whether for short term or long term the company has to follow those restrictions he imposes and/or they need to find you something that fits into the realm of the restrictions...

Really? Please do explain further.

 

[musicman654321]

Hi,

FMLA applicable here? Just asking if anyone knows. Thx

 

[pattytx]

We don't have enough information to determine whether FMLA might apply.

OP, we need the answers to the following questions.

1. Does your employer have at least 50 employees at your job location or within a 75-mile radius? If yes,
2. Have you worked there at least one year? If yes,
3. Did you work at least 1,250 hours in the 12 months immediately preceding your absence? If yes,
4. Had you missed any other time for medical conditions in that 12 months, other than normal short-term common illnesess, such as a cold or the flu?

The employer has no legal obligation to provide you with light duty. Many companies reserve what few light duty jobs they may have for employees with Work Comp injuries, and that is perfectly legal. They do not have to create one for you. A doctor's note need be given no legal signifigance unless FMLA applies.

 

[cbg]

Ok, first I'm not a professional at this I would go back to your surgeon and explain to him what occurred. If he feels you can no longer do that job whether for short term or long term the company has to follow those restrictions he imposes and/or they need to find you something that fits into the realm of the restrictions. Good luck

The first bolded section is quite obvious since the second bolded section is completely incorrect.

 

[dbarr123]

divona, pattytx explained exactly what I was getting at. I was in the exact situation you are for a large US company. For me, my first surgery was done while on FMLA although the accident actually happened at work and I never reported it. The company with my approval used my vacation & sick time I had accrued so that I could continue getting some income while off. I ended up going back to work before the 3 month leave expired. The surgeon had put restrictions on me and the company followed them. My story follows closely to yours and can go and on. This is what I was referring to.
cbg-thank you for your input

 

[pattytx]

It seems the OP is not interested in giving us the information needed to make a determination about FMLA, which is the only thing that would protect his job, since he hasn't been back in over two weeks.

 

[cbg]

Dbarr, based on what you actually said, my response was correct. If you meant that your response only applied in cases of FMLA, you should have said so instead of implying that it was an across the board rule that applied in all situations regardless.

We do not approve of inaccurate or misleading responses here and yours was at the very least misleading, and inaccurate as stated.

 

[brenda myers]

Hand injury at work

Listen close; Careful how you handle this;

If you had Dr's excuse company forced you back to work--you will need to prove this PLUS; did
anyone hear them say this maybe {other workers}? Anyone who works there? If so and now your hand is worse due to coming back to work early and you had Dr's exsuse, then reason they { your company where you work } are saying it was Holiday pay-is because they realize you can now have a Workmens Comp. case against them. THEY WANT YOU TO QUIT. Of course they want you to quit, because this lets them off the hook.

DO NOT QUIT! This is what they want--they know they messed up.

I went through simular siduation. I was indeed reinjuried. They will say you came back on your own. That you had a right to not come back--which is true. Now if your hand is re-injuried to due to work, then report it to your employeer--then go to DR. Not there Dr. Sounds like you have had a re-injury. Go into work if you find you are in pain. Then report your hand is injuried. This is workmens compt. If you reinjured your hand after Dr. has released you and your working--now it falls under "workmens compt". They know all this, so they want you to quit. Do not quit. Report to suporvisor of injury and go to your Dr. I suggest a new Dr. they will look at your hand. When filling papers out put hurt at work. If this is correct. This would be WORKMENS COMPT CASE!

I collected almost $100,000 because mine was a spine issue. Keep working --DO NOT QUIT......IF your in great pain--then call workmens compt and also tell your company you have injured your hand while working. If this is what occured, it sounds like it was what happened. Then this gives you a Workmens compt. case against the company you work for..
For your own well fare keep on working and try not miss a day if you are in pain due to hand. Then you can claim injury to hand because of the job! This gives you a case of workmens comp. they know all these things, this is why you have so much pressure being applied to you at this time by company. They know any injury can be claimed as workmens comp. Then you are off work and you get paid as well medical is all paid and if it causes long term injury a settlement as well money for pain and suffering...will be paid to YOU!...Sounds like you worked and had a injury at work. Report this to your supervosior and then ask to be released to leave to go to Dr. I would go to ER and report workmens compt. Hand was well and now injuried--they wish you to quit so they are not held responseable, sounds like you hurt it at work after it was all better.....Do not say anything to the company-take nomore time off. This is a new injury. Workmens compt all companies has to carry and pay if you have to be off work. Then all medical is paid as well money for pain and suffereing. You were okay--went to work then reinjuried at work.

report this when you return they will ask when injury occured --answer
all was okay then you began working and injured hand. New injury is what it sounds like. Correct? Was okay? Then went to work--and injury happened?
Then it is a workmens compt case.

 

[justalayman]

report this when you return they will ask when injury occured --answer
all was okay then you began working and injured hand. New injury is what it sounds like. Correct? Was okay? Then went to work--and injury happened?
Then it is a workmens compt case.

so, what is this: how to scam WC 101?

 

[cbg]

Do not - repeat - DO NOT follow Brenda's very bad advice.

That is fraud.

 

[JustAPal00]

Listen close; Careful how you handle this;

If you had Dr's excuse company forced you back to work--you will need to prove this PLUS; did
anyone hear them say this maybe {other workers}? Anyone who works there? If so and now your hand is worse due to coming back to work early and you had Dr's exsuse, then reason they { your company where you work } are saying it was Holiday pay-is because they realize you can now have a Workmens Comp. case against them. THEY WANT YOU TO QUIT. Of course they want you to quit, because this lets them off the hook.

DO NOT QUIT! This is what they want--they know they messed up.

I went through simular siduation. I was indeed reinjuried. They will say you came back on your own. That you had a right to not come back--which is true. Now if your hand is re-injuried to due to work, then report it to your employeer--then go to DR. Not there Dr. Sounds like you have had a re-injury. Go into work if you find you are in pain. Then report your hand is injuried. This is workmens compt. If you reinjured your hand after Dr. has released you and your working--now it falls under "workmens compt". They know all this, so they want you to quit. Do not quit. Report to suporvisor of injury and go to your Dr. I suggest a new Dr. they will look at your hand. When filling papers out put hurt at work. If this is correct. This would be WORKMENS COMPT CASE!

I collected almost $100,000 because mine was a spine issue. Keep working --DO NOT QUIT......IF your in great pain--then call workmens compt and also tell your company you have injured your hand while working. If this is what occured, it sounds like it was what happened. Then this gives you a Workmens compt. case against the company you work for..
For your own well fare keep on working and try not miss a day if you are in pain due to hand. Then you can claim injury to hand because of the job! This gives you a case of workmens comp. they know all these things, this is why you have so much pressure being applied to you at this time by company. They know any injury can be claimed as workmens comp. Then you are off work and you get paid as well medical is all paid and if it causes long term injury a settlement as well money for pain and suffering...will be paid to YOU!...Sounds like you worked and had a injury at work. Report this to your supervosior and then ask to be released to leave to go to Dr. I would go to ER and report workmens compt. Hand was well and now injuried--they wish you to quit so they are not held responseable, sounds like you hurt it at work after it was all better.....Do not say anything to the company-take nomore time off. This is a new injury. Workmens compt all companies has to carry and pay if you have to be off work. Then all medical is paid as well money for pain and suffereing. You were okay--went to work then reinjuried at work.

report this when you return they will ask when injury occured --answer
all was okay then you began working and injured hand. New injury is what it sounds like. Correct? Was okay? Then went to work--and injury happened?
Then it is a workmens compt case.

People looking for a free ride like you are what is dragging this country down! Get a job and quit expecting the rest of us to support you!

 

[commentator]

It sounds as though they are not going to have to give you FMLA, since they sound like a very small start up company. Answer patti's questions to help us get closer to determining this. So if they are not, and they want to, they can fire you for having to be off too many days with your non-work related health problem.

When you are fully released by your doctor, which I can't really tell whether you are or are not based on this post, if you have been fired, you may be eligible to receive unemployment insurance IF YOU ARE FIRED for a health related reason with a physicians' excuse. BUt if you quit, there is no real possiblity you could get unemployment. You have to be out of work through no fault of your own, and if you quit, because they weren't nice to you or didn't want to give you time off while your hand healed, it was YOUR decision to leave the job. Let them fire you if they feel they must, but don't quit if you would want to have a chance at unemployment insurance.

This is the only thing I agree with the fraud advocate here to can't even spell worker's compt. If you tried to pull what she recommends, you will be out on your head. This is outright fraud.

It was either come back to work or be fired. They had the right, if you were not able to come back at that time and you were not protected by FMLA, to fire you. If you have now used up all your leave and they decide to fire you the next time you take any, then you will be in the same shape. If their policies are this unsure and they are this unorganized, you probably should be looking for other jobs anyway.

 

[pattytx]

People looking for a free ride like you are what is dragging this country down! Get a job and quit expecting the rest of us to support you!

Knock off the political rhetoric and pay attention. The OP is temporarily disabled. She paid into the SDI fund with her own money.