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baseballmangene

Guest
What is the name of your state? new jersey. this is a long complicated case, e-mail me with any other questions. had 1 lawyer who told me i could not sue my company for any injuries---they lease their property. 2nd lawyer was caught with hand in cookie jar for stealing and my case sat for 5 months in their firm. injury happened 8/8/95 had neck operation(bone fusion) , returned to work.in 7/98 i went back out again for shoulder surgery, then another neck operation (the previous one failed and a titanium plate was placed) then had another shoulder operation (left shoulder for all shoulder operations). during this time company was closed and accounts and workers bought by another company who became my new employer. was again operated on shoulder. was then returned to work 12/99 after passing physical required by new employer. in 3/2000 was again injured. do not know what happened, company doctor told me i need to see ortho. new company's comp carrier refused to pay said injury was due to prev. injuries, i said how can anyone be sure. prev. comp carrier said they won't pay, i was injured on new co.'s employment and was their injury. been 33 months--new comp refuses any med treatment, no comp pay from any of the 2 carriers, lost health benefits for me and family. new company won't let me back to work and won't offer me light duty. have not received one penny or any med treatments to see if their is another injury to neck or shoulder. is this all legal. can new company just throw me out into the streets.i am not the first injured employee to be shunned by this company. am i entitled to med treatments(i cannot afford any of these doctor fees myself), what legally is my new company or old insurance carrier responsible for, can they refuse me back to work, how do i get my job back, i feel discriminated against due to my injuries----this new company originally didn't want to employ me , due to my previous injuries---no doctor to date can say that it is a previous injury aggravation. can anyone help me???what recourse or legal rights do i have. how do i go to get my job back? do i have a discrimination case vs. my new employer?????? [email protected] this case is more envolved, if you have any further q's please e-mail me, i will answer best i can. :confused: :confused:
 


BlondiePB

Senior Member
You need a work comp attorney to get all this straightened out for your medical issues. You can sue your employer if the employer fires you for filing a valid work comp claim. But of course, employers usually give some other reason. Almost every state has "at will" employment; therefore, an employer will give any reason, other than filing a work comp claim, and dismiss you, which will not constitute discrimination. You can do a search for what constitutes discrimination. It has been answered in this forum many, many times.
 
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baseballmangene

Guest
i do have a work comp attorney, but......

i do have a work comp attorney, but as stated this is my 3rd. and still hasn't gotten me anywhere. i do have a union contract with precise wordings on how comp and medical coverages for injuries is to work. my company just outright ignores requests for listings of avail jobs for light duty and stuff. my attorney has sent letters for them to comply to no avail. as far as terminating goes, my contract states only 3 major reasons for immediate dismissal--stealing, assaults, and drug/alcohol. other reasons must go through warnings and things of that nature before a worker can be terminated. as stated my company is just not cooperating and has no grounds to not letting me back to work. they are refusing me any medical treatment, so how can they just refuse me. if i get a medical note, to say i can return, and they still refuse, then can i suit for discrimination. when they hired me, as my prior meesage here gave my history and problems, they told me flat out they didn't even want me, due to the nature of my injuries. is a medical note, my next step in pursuing this issue. and if comp laws are clear on how work related injuries are to be handled, and i do have an attorney, then why can my company still refuse me a return or any treatment or pay??????? i have been in and out of comp court for the last year and a half, and all have said they can't handle the part of the problems with my employer. who do i turn to???how can it then be resolved??my comp lawyers tell me they can't handle this part??only the settlement in itself.
 

BlondiePB

Senior Member
Work Comp lawyers that say they can only handle the settlement (in my opinion) just do not "wash" well.

I have five important questions for you:

1. How did you find you present and past attorneys?

2. Do your present and past attorneys practice any other areas in law? (i.e. personal injury, malpractice, etc.)

3. Do your present and past attorneys handle union contracts?

4. Have you read and understand the work comp statutes/codes for your state?

5. Do you have a copy of your medical records?
 
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baseballmangene

Guest
some answers to your q's......

to answer some of your questions, i will try my best. as for the comp atty part, i must agree, but they are supposed to be there for the client---oh well
1.i found my past lawyer from union hall, they referred me. the secong attorney i used through a personal referral. the present (third) lawyer, i was referred to by another lawyer ( who is a friend of a friend) beacuse he felt my case was too complex and recommended the firm i'm with now. the lawyer i have now is from jersey city , n.j. he is looking into the other parts of my case with his other partner, but is mainly dealing with the comp issue first. then again, the comp part should be settled very soon, as i need to see two more doctors to give evaluations for the insurance co. my lawyers doctor listed me as 67 and a half disabled, 2 and a half percent psch. also.
2. my present attorney deals with pers. injury. his partner deals with that and other issues.
3. neither of these lawyers handles union contracts. are there atty's who handle these or do you have to actually hire one with fees and all. how would an atty like this work????
4.i've read some of the statues, but basically, i am holding to the fact that i was hurt on the job and refused any monies or med. treatmert. also i am mainly going by my union contract which clearly lines out how work related injuries should be handled ( international teamsters (n.y. /n.j. region---local 560) it clearly covers---pay, med. treatment, mediations , if needed , and the light/modified duty programs. including disability act & and perm disability cases
5. i have all my medical records, i need them for soc. sec. filings and other agencies which i have sent or tried to bring charges against my company.
i really can't find a detailed info pack to explain work comp more. plus i don't understand alot of it.but i hope to hear from you soon. :confused:
 

BlondiePB

Senior Member
baseballmangene,
I haven't forgot about you. I've been taking care of a crisis for the last two days and now I need to get some rest. You'll hear from me soon - most likely via email.
 
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baseballmangene

Guest
i'll be waiting....

thanks blond..... i will be waiting. i know this is complex, but i'm sure someone can help me here. also what constitutes discrimination???in n.j.??? thanks again:)
 

Beth3

Senior Member
Unlawful discrimination occurs when an employee or job candidate is treated less favorably by the employer BECAUSE of a protected characteristic - age, race, religion, pregnancy, national origin, veteran status, disability. That is prohibited by federal law. Some States provide additional protections for a few other characteristics, marital status and sexual orientation being the most common.

None of this is usually applicable in a W.C. situation. W.C. reg's provide their own protection against retalliation or adverse action by the employer because the individual was injured on the job and/or filed a worker's comp claim.
 

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