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workmans comp question

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sltdriver002

Guest
What is the name of your state? california

I was hurt tightening my straps on my flatbed trailer. The winch bar slipped and hit me on the head knocked me out, threw my back out and messed up my wrist. this was August 2nd 2002. My head is fine my back still hurts on occasions but my wrist will not give me a break. I have been seeing my Sports Medicine Chriorpractor and he has been using a photon-laser on my wrist.

He has put me on restricted work as of the 23rd of September. No lifting over 10 lbs. My employer sent me a certified letter and it said" please come to the office by the 4th of Oct" so we can discuss alternant work for you.

I am a truck driver, there would be nothing I could do.

What would happened if I didn't go to the office by the 4th could my employer fire me and if so would he still be liable for my W.C Claim?
thank you
 


I AM ALWAYS LIABLE

Senior Member
My response:

If you are able to go, you must go to work on October 4th.

Your employer can do one of two things - -

1. Assign you to desk work, sweeping floors, or any other light duty work; or,

2. Fire you and hand you your final paycheck.

If you fail to appear at work without "good cause", you are subject to immediate termination.

IAAL
 
S

sltdriver002

Guest
Just a few more points to ponder...
When I notified them of my injury and informed them that I made a app to see my chropractor onthe following Monday. And after I went and seen my chriopractor on Monday and went to My work office to to file a claim, I was not informed that I was to see the Company Dr till 7 days after my injury.
I went to the Company Dr and they referred me back to my Chriopractor.
After I was referred back to my Chriorpractor, my boss kepted telling me how this other driver broke his arm and he was at work the next day and that I was seeing the wrong Dr, that I wasn't hurt I just didnt want to work.

Umm, If he fires me will he still be liable for my workmans comp? If I quit, will he still be liable for my workmans comp?
 

I AM ALWAYS LIABLE

Senior Member
sltdriver002 said:


"If he fires me will he still be liable for my workmans comp? If I quit, will he still be liable for my workmans comp?"


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


My response:

Yes, to both questions. The reason is because your injuries occurred while you were on the job as an employee.

Also, if you haven't already done so, ask your Doctor for your State Disability paperwork. You're also entitled to make that claim, and to be paid while you're being medically treated and recuperating.

Let us know what happened to you after October 4th.

Good luck to you.

IAAL
 
S

sltdriver002

Guest
Thank you for your input, I do appriciate it.

thank you and I will let you know.
 
S

sltdriver002

Guest
They work for each other "comp" "employer"

well,
I quit the company that I was working for when this injury happened.
I quit due to his attitude regarding my injury.
Everytime I would go see the Dr I would advise him that the Dr still had me restricted.
He would reply with,
I'm seeing the wrong Dr, I'm not really hurt I just don't want to work, this other guy broke his arm and he's out working the next day.
I had enough of this abuse from him and I quit, therefor "comp" stopped paying me.
So, now I have no income and no employer.
"comp" basically told me "oh-well"

So I am just really screwed now and not too sure what I can do from here.

John
 

Beth3

Senior Member
I suggest that you see another doctor for a second opinion on your wrist. These photon-laser treatments (whatever those are) your chiropractor is providing don't appear to be working - it's been 2-1/2 months and your wrist is no better. See an orthopedic surgeon.

And since you quit this job, it sounds like you should start looking for another one. If you can't drive a truck right now, go to a temp agency and ask them to find you some interim work until you're able to go back to driving.
 
S

sltdriver002

Guest
ok,
If I were to go have a second opinion would that be covered by "comp"?
Also my wrist is better, just it's not the same as it was before August 2, 2002.
They (both Dr's) took x-rays of my wrist and they seen nothing wrong.
As far as my ex-boss. All of those mean nasty things that he said, that's ok? I find that to be harrassment maybe even a touch of discrimination. I just know that he should have not said those things to me.
Maybe he's just that way.....mean... I mean after I hurt myself that morning, instead of him letting me come back to Redding (36 miles). He made me deliver the load of lumber and made me re-load a load of lumber.
That involved 500 more miles, unstrapping and strapping.
I know after the initial hurting of my wrist that was not very good for it.
Anyway,
Thank you for you input
John
 

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