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Employer was dishonest about

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Dubdidit361

Active Member
What is the name of your state? What is the name of your state?TX
I wont go into the whole back story, but I developed somenerve inflamation due to repetive motion at my job. The onsite doctor restricted me to no use of right arm PERIOD. Well the definition of no usage got lost in translation somehow and i was assigned to light duty. The first job caused even more pain. the second job was okay, but my girlfriend got a hernia(we work together) and they did not want us working together. They put me back to work, my arm could not handle it, so they moved me one more time to picking up trash with a claw thing. Now Im not going to whine about how having to use my arm lightly has stalled any healing, and how i think im getting worst but anywho

Friday i asked about the status of my workers comp, which they told me they filed for about 3 or 4 weeks ago. Well come to find out, the safety guy never filed-Now hes telling me to my face he never told me he did. That day i asked him if i needed to file myself, he told me he already did. Now things have come to a point where im going to need to get an MRI and some other test, and possibly miss work, or undergo other treatment. How am I going to do that if its too late to file workers comp? Not to mention im missing 20 hours a week in over time because they have a no over time rule for light duty employees. Isnt that illegal by the way? in 2009 didnt american airlines get sued for the same thing because it violated the ADA based of what the EEOC ruled?
 


quincy

Senior Member
It is nice to see you back on the forum, Dubdidit. I just spent some time reviewing your posting history. :)

Tell us a little about your employer (e.g., number of employees) and what sort of work you were hired to do. Does your employer have worker’s compensation coverage?

Did you report your injury to your employer immediately or did you rely on the “safety guy” to fill out a report? Who sent you to see the on-site doctor? Did you see your own physician?
 

quincy

Senior Member
It’s also possible the employer has no worker’s compensation insurance. It is not mandatory in Texas.
 

Dubdidit361

Active Member
Sorry had to go get my girlfriend from the hospital. The employer has 700 plus employees. They do have workers comp coverage. Lastly I did file an injury report. I signed it, dated it, did a UA and breathalyzer. Its all documented. As far as contacting the division for workers comp, they told me to contact the insurance company directly. I spoke with the safety supervisor and he said they didnt need to file a claim if it wasnt that bad. Truth be told the extent of how bad it is unknown because i havent gotten any scans or anything. Im not one of these try to scam everyone in my path so i can be lazy and paid at the same time, so i really dont want my employer to see me like that BUT I am in a lot of pain, i cant do much around the house with out pain and burning up and down my arm. Ive lost so much strength in my arm its crazy. I tried to talk to HR and main management they blow me off. You know what the Site Sup said to me when i complained about them not allowing me to work over time, he told me" well be more careful next time" like what the heck man, i wasnt doing anything other than working hard that led to this injury.


pointless ranting below
-----------------------------------------------------\\\









I hate ranting man, but 2 years ago the company spent 300k plus on injury related expensive, this new guy brought the number down to 100k. This may seem impressive up front, but the amount of time ive spent in the safety office has given me an inside view on how this huge decline in money spent was accomplished and it was not done with better safety regulations or training. For instance they told me if i got my own doctor they would no longer be responsible for any of my injuries, They give fake science. A guy went in with cellulitis due to exposure to enviromental contaminants and they told them it couldnt be because of the job, that it happened at home because the contaminents are diluted. This was laughable, but the person believed it!! Again all this is meaningless to the post, but they have to be breaking some kind of osha regulations, and i dont know what to do about it. They rely on us not knowing, or having a line to information on the law, and they abuse that! I wish there was a regulation force that would raid that place and fine the hell out of them. Ive never worked in ajob where there is a line of people in the morning lining up for wrist wraps, and ibuprofen for work related injuries on a daily basis! if you get sent home by medical you get penalized for missing!

And yes im looking for another job, but with this injury i cant do much, this mess of reply took 10 minutes to type out...i type 65 wpm when my hands are good....
 

quincy

Senior Member
You can use the link provided by adjusterjack and speak to someone at the Division of Workers Compensation or you can consult with an employment lawyer in your area to discuss a claim.
 

FarmerJ

Senior Member
did you ever put any of your communications to employer and others in writing sent via confirmed mail delivery and staple your receipt to your copy for your records ?
 

quincy

Senior Member
did you ever put any of your communications to employer and others in writing sent via confirmed mail delivery and staple your receipt to your copy for your records ?
He filed an injury report. Dubdidit says it is all documented. What he probably needs now is an independent medical examination.

The injured worker must file an injury report with his employer within 30 days of the injury (which Dubdidit said he did). The on-site doctor examined him and he was put on light duty. If he objects to the way his injury has been rated, he has 90 days to appeal. He is the one who must file formal paperwork for a worker’s compensation claim - and he has a year within which he must file.
 
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Dubdidit361

Active Member
What is the name of your state? What is the name of your state?TX

And the sad thing is it has to be like this, my employer is using half truths, and fallacies to cost me my claim, Hear me out

I developed carpal tunnel while working at a slaughter house, They said it couldnt have happened there, and then they said its not carpal tunnel, and then it is carpal but again it couldnt happened there. No surprise i lost my initial claim( i am getting an attorney, i have a consultation today)

Here is the thing, on multiple occasions from sept 1 to sept 8th i was told by the lead safety supervisor that I would no longer have a job if i lost. He would also tell me i that maybe i needed a new employer and that not everyone is cut out for this kind of work. I worked my behind off there, and i was a damn good worker.that So anyways on the 8th i went to the network doc and he told me it was carpal tunnel for sure, and it was caused by my job and that i needed to keep my same restrictionss. I told my employer this, and they said go home and wait to hear from workers comp, and reiterated that if i lost the claim that they could not have me there. I asked if i could work for the mean time in light duty they said they didnt have any light duty openings or anything I can do within said restrictions.

so i went home and waited...

so this brings us to the day before yesterday they called me and told me i needed to return my equipment or would be charged for it. That was a red flag that i lost my claim, but i had not heard from the adjuster, well the next day i call the adjuster and she told me they were denying my claim because there was no medical correlation between my job and my carpal tunnel ( hahah yeah right) anywho,


so based off the previous conversations, i know that i no longer have a job, they initatied the seperation

so i filed for unemployment, well now they re calling me telling me i need to go in or get fired, like wth i thought i was fired, i asked them what i needed to go in for, was i getting re hired, or put on light duty, they said just come in they refused to say anything over the phone. And now the HR department is saying that i should of been calling in this whole time..i was so confused because i talked to a supervisor and he told me to GO HOME AND WAIT.
ALSO what kind of work are they going to have me do? they sure as heck arent going to have me on light duty for the remainder of my employment.. my thoughts, they want me to go in, they are going to try to put me back to my old job, im broken, im hurt, obviously i cant do it, i wil tell them this and they will fire me for not being able to do it. this way i cant say they fired me because my workers comp claim.

should i just go see my lawyer, or is this pos company going to put me on light duty, or restrcited work( my restrictions are no grasping, wrist flexation, or repetive motions, must wear splints and..th

Well today they are calling me and saying i need to report to work or its job abadonment!!!
 

Zigner

Senior Member, Non-Attorney
What is the name of your state? What is the name of your state?TX

And the sad thing is it has to be like this, my employer is using half truths, and fallacies to cost me my claim, Hear me out

I developed carpal tunnel while working at a slaughter house, They said it couldnt have happened there, and then they said its not carpal tunnel, and then it is carpal but again it couldnt happened there. No surprise i lost my initial claim( i am getting an attorney, i have a consultation today)

Here is the thing, on multiple occasions from sept 1 to sept 8th i was told by the lead safety supervisor that I would no longer have a job if i lost. He would also tell me i that maybe i needed a new employer and that not everyone is cut out for this kind of work. I worked my behind off there, and i was a damn good worker.that So anyways on the 8th i went to the network doc and he told me it was carpal tunnel for sure, and it was caused by my job and that i needed to keep my same restrictionss. I told my employer this, and they said go home and wait to hear from workers comp, and reiterated that if i lost the claim that they could not have me there. I asked if i could work for the mean time in light duty they said they didnt have any light duty openings or anything I can do within said restrictions.

so i went home and waited...

so this brings us to the day before yesterday they called me and told me i needed to return my equipment or would be charged for it. That was a red flag that i lost my claim, but i had not heard from the adjuster, well the next day i call the adjuster and she told me they were denying my claim because there was no medical correlation between my job and my carpal tunnel ( hahah yeah right) anywho,


so based off the previous conversations, i know that i no longer have a job, they initatied the seperation

so i filed for unemployment, well now they re calling me telling me i need to go in or get fired, like wth i thought i was fired, i asked them what i needed to go in for, was i getting re hired, or put on light duty, they said just come in they refused to say anything over the phone. And now the HR department is saying that i should of been calling in this whole time..i was so confused because i talked to a supervisor and he told me to GO HOME AND WAIT.
ALSO what kind of work are they going to have me do? they sure as heck arent going to have me on light duty for the remainder of my employment.. my thoughts, they want me to go in, they are going to try to put me back to my old job, im broken, im hurt, obviously i cant do it, i wil tell them this and they will fire me for not being able to do it. this way i cant say they fired me because my workers comp claim.

should i just go see my lawyer, or is this pos company going to put me on light duty, or restrcited work( my restrictions are no grasping, wrist flexation, or repetive motions, must wear splints and..th

Well today they are calling me and saying i need to report to work or its job abadonment!!!
Contact your attorney immediately.
 

PayrollHRGuy

Senior Member
Unless you can contact your lawyer before you are scheduled to work, to best preserve both your WC case and UI case you need to go to work, not do any work that is outside of your restrictions.
 

Dubdidit361

Active Member
Yea, before i do go, let me ask you guys something, i just want to know if my assumptions are right. When he told me if i lost my workers comp case, i no longer have a job" would that be considered as the employer initiating the seperation?
 

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