On the day I was to start my new job, I had to go to work to get uniforms because I was given the wrong size the day before. As I was walking to my car I fell flat on ice that was about 3-4 inches thick. Another employee saw it happen and went to get Security and and an EMT. They took my statement of what happened and the witness's statment also. I asked them if I should be seen at the free clinic my company has for us. They just stated to go there "the next morning if I needed to." Again, my husband was with me also and he specifically asked if I should be seen at the free Wellness Center and they didn't say anything except that it would be open the next day. I asked the Security person to please notify my supervisor as to what happened and that I had fallen. I went to work and asked my supervisor if they knew I fell and she said they didn't know anything about it, so she called the main supervisor and he said he had not received any information about it and so I worked. I had the next 4 days off. I called the Wellness Center on Monday after I the fal lhappened. The fall happened athe previous Friday. I told them what happened and the person there said " well technically since it was not work related and i wasn't working that I could not be seen as a work comp patient but as a "personal visit". Needless to say, I wanted this incident reviewed by my employer so when I met with the Director and Supervisor of my department, the Director called the Risk Management dept and told them to have me seen ASAP, so I went in the next morning. They labeled me as " liability". The doctor saw me and my injuries were to my neck, my back, me shoulder and elbow and he recommended no lifting, stooping or bending but then I was told by the Risk Management department, I could not work because of the restrictions. Next day I went back to see the doctor and gave me the same restrictions and set me up with physical therapy and changed my status to work comp. I went through all of this and was released back to work. I worked for about 3 weeks, then one night I was working and had some back pain but continued to work and had a followup appt with the doctor from the week before in which he had given me an injection in my back becuase of lingering pain. So i saw him again and he put me down for work duties such as " sit-down work and stretching occasionally". So here I am off work again and they said they did not have any work for me in which I could do sitting down. The work I do is housekeeping, scrubbing, dusting, cleaning slot machines, vacuuming, emtpying garbage and cleaning bathrooms. On the day i was to see the doctor in followup, since I had the same amount of pain as before, he said the job I was doing was causing aggravation of the injury in which I fell. Now, I am off work again. Is it the law that they find me suitable employment within the company with the restrictions the doctor has given me? I don't know what is going to happen. I just don't want to lose my job because of this and am willing to do whatever job they can find me with the restrictions? Please advise. By the way, I was paid WC for the 14 days I was off and the woman at the insurance company told me again that since they didn't have suitable work for me to do after this last incident, that I would have to be paid WC benefits? How long do these benefits last? I have never had a WC claim, so I am not privy to any of that information.

No, your employer is never required to provide light duty and frankly for someone who never worked so much as a minute before injuring themselves, most employers would not offer it. Be glad yours has thus far.

If they can not meet your restrictions then you would receive TTD which is 2/3 of your pay, though tax exempt. This will continue until you have reached maximum medical improvement, been released with restrictions your employer can accommodate or found work elsewhere.

Your employer may not fire you because you filed a WC claim, but they do not have to grant you any specific amount of leave either. As they have done more than is required up until now, it would be an uphill battle to claim they fired you because you filed and not because you are unable to work.

I do resent the "tone" of your post. I, in fact, was working that whole week, however, I was on orientation and then with my supervisor working. To say that they have "done more than they are required to" is a wrong statement. According to Iowa laws one is covered by work comp on the day a person starts. The reason and the ONLY reason I was at the admin offices was due to the fact that I was given the wrong size uniforms and I fell on the ice.. Now, that was NOT new ice. It was about 6 inches thick and had been there for about a week. I wish it would not have been turned over as a work comp claim... I would prefer much more to be working and I don't get where you think I would have a hard time proving they "fired" me was due to my work comp claim because that is the ONLY reason for firing me. I have called my manager every day at the same time as directed to see if they have work for me. It is NOT my fault they cannot accommodate me even though it was their negligence for not having the ice removed. Now I go to their doctor as directed and have seen a physical therapist who keeps saying " this is not related to your injury" and changed my care plan from what the doctor told me to do and I have not even had an x-ray to see what is exactly wrong nor have I received benefits in a weekly fashion as is stated by the Iowa Compensation Laws and the attorney I have contacted. And now I have seen a Physician's Assistant who says to me " I am trying to figure out how you injured your back falling forward." I fell flat on my face and a back strain or sprain can be done by just a mere cough. I have complained of hip pain to which not one of them have addressed. Again, it is NOT my fault they were negligent so for you to be so "crass" with your statement is ridiculous. Maybe you should be at my home everyday to see what I can do. I cannot do laundry, I cannot vacuum, I cannot perform my normal daily duties because of this injury, which I was perfectly able to do before. I suggest you come and take my place and I will take yours and see how you like it. I am willing to do any type of work they give me within my restrictions but they cannot offer me anything; therefore, I have put in a transfer request for a different job that I could do rather than receiving work compensation. It is people with your attitude that make it hard for us employees that have injured themselves and trying to get better and doing everything required to do so and still not that much improved. If you think I like sitting in my home and not being able to do my own housework, you are sadly mistaken. The physical therapist has done not that much to improve me. The physical therapist changes the orders the Physician's Assistant gave me. The Physician Assistant has changed the orders that the actual physician has given me. This is not continuity of care and I do not believe they are serving my best interest. They are merely serving their company's interest. And in the meantime, I am the one with the hip pain, back pain, etc from the fall that should have been prevented in the first place.

jeanikini:

I think you may have misread ElleMD's post. There was no tone. She was merely stating the legal components as they related to your initial post. Sometimes the truth is hard to accept.

She did provide you with accurate information. I am sorry that you may disagree. I wish we were able to report something more enlightening; but we do not make the laws and regulations. You are always free to consult with a private attorney.

If you want me to tell you that you are right and the employer is wrong and horrible and breaking the law, sorry, you came to the wrong place. I am not here to pass judgements on them, the treatment you received or anything else. I'm only here to tell you what the law requires and like it or not, the law permitted them to fire you for not being able to work the very first day you were unable to do so. The law did not require you be provided light duty. It did not require your employer to hold your job for you, and does not require them to transfer you to another job. You can want them to all you want. It may even be the "right" thing for them to do. That doesn't change the fact that it isn't required.

Letting you go for not being able to work due to a work injury is not the same as firing you because you filed a claim. One is perfectly legal, the other not. If when you asked for the paperwork to file a claim they found a reason to fire you, or had they terminated you right away, it may have looked more like a retalitaion claim. Right now, after months of light duty, leaves, and accommodations before you ever even started the job, you are really going to have to go some to prove that all those "extras" are really just a ruse to fire you for having filed a claim. Whether you see them as "extras" or "entitlements" is irrelevant as they are beyond what the law requires. Granted most decent employers offer them, but that doesn't make it required by law.

If you are unhappy with the care you received that is a completely separate matter and between you and the WC carrier.

First of all, I didn't even say that I was going to say it was retaliation. All I asked for was a question. As a matter of fact, when I first fell they called me " a liability" then next day they changed it to "work comp". And as a matter of fact, the Iowa law states a person is covered with work comp first day of employment, that means the first day even if it is just in orientation.. I am not asking them to do anything for me. I am not asking for them to keep my job open. I am not asking them to find me different work. At this point, all I have done is what they require of me and I have petitioned for a diff medical provider to see me as so far they have done nothing but confuse me. I see one doctor and he gives me instructions, the next day, I see a PA and she changes those instructions and gives me new ones, then next the the physical therapist tells me to disregard the instructions of the doctor. I have not even so much had an x-ray to see if there was actually anything that is causing me not to return to my normal duties. I have been waiting for 6 days now to hear when I am to have this x-ray. Although, I do know that they are not required to provide me work. If they don't have to do this as required by law, why are they having me call them everyday to see if there is work for me to do. Why don't they just say "we cannot find you something to do." And I have contacted a lawyer. Are you a lawyer? As a matter of fact, I did work the shift I was supposed to work even after falling.. I DID not ask to file a claim, the Director approached me and told me to get the doctor immediately. I didn't even think it was a work comp claim. The Director called them and told them to have me seen immediately. So I didn't request to file a claim because I didn't even think it was a work comp injury. And by the way, what you are telling me and what my attorney is telling me are different... I think I will listen to my attorney as I don't even know what your qualifications are. Do you know every state law for work comp? Again, are you a work comp attorney? This will definitely be my last post here. Unless you are qualified, I guess I don't need to post here anymore. Thank you.

The people who post here are qualified to answer these questions, and the only poor attitude I see here is yours.

If you are unhappy with the answers you receive here, you are free to go elsewhere and see if you can get ones you like better somewhere else.

Please do tell me what their qualifications are? Are they attorneys?? That is all I want to know. If they are not work comp attorneys, then they do not have the exact qualifications. #1. I am not looking for better answers. I am looking for someone on here who perhaps is a work attorney. Because of they are not work comp attorneys, then to me they are not qualified. But that is fine. I just want to reiterate I am NOT looking for better answers, I am looking for what my employee rights are. As far as I am concerned, this is not even a work comp claim. But they changed their mind and made it a work comp claim. I didn't. And I am guessing that they did that to protect themselves. Well guess what, I am trying to protect myself too. Now, this is my last post. Thank you.

Please do tell me what their qualifications are? Are they attorneys?? That is all I want to know. If they are not work comp attorneys, then they do not have the exact qualifications.

You don't have to be a "work comp attorney" to know the basics. Like cbg said, you want to pay for an attorney's time, feel free.

If you came here looking for an attorney to represent you, you came to the wrong place. This board specifically prohibits any and all referrals.

#1. Not everyone knows all the state laws. I live in Iowa and Illinois just 5 mins away and their laws are way different from Iowa. And in Illinois there is a huge different in the laws and they protect the employee more on that side of the river.. Just a little tidbit for anyone who lives in Illinois. Oh, this is from the same attorney I have spoken to as he is licensed in Iowa and Illinois, so don't take everything for face value that is stated her.. Check out EVERYTHING yourself and find yourself an attorney.
2. I was just trying to get an answer without having all the snide remarks that Ms Elle left.
3. Some of the things Ms Elle has told me are NOT true in my state after talking to the Iowa Worker's Compensation Administrator. I don't know any of the laws and don't pretend to; however, in my opinion, a REAL attorney is more equipped to answer my questions, which he has and quite frankly, some of the stuff I have been told here is NOT correct and this comes from an attorney who is licensed as a work comp attorney. So NO you don't have to be an attorney but if one wants the right laws and the right information yes if you don't know what the laws are and what your rights are you need to contact an attorney.

So listen up people, Ms Elle does NOT know all and if you want the correct information or answers to your questions, please contact an attorney instead of asking here. It is in YOUR best interest.

Good to luck to everyone here that is searching for answers...the best way is to call the Worker's Compensation Department for your state or an attorney. Thaniks

OK what part of my answer was wrong? I am genuinely curious.

If I wanted to be snide, I' d be snide. I am not sure what you are looking for here. You came asking advice and got it. Obviously a lawyer you hire and give the entire story and who has all the facts and medicals in front of them is going to be better equipped to answer any specific questions than what can be handled on an online bulletin board.

Frankly if you have a lawyer, I am not sure why you are posting here anyway. Why ask a bunch of strangers with only part of the story what you are paying someone perfectly good money (or will pay once the award is granted) to advise you on.

Jeanikini, since you are clearly dissatisifed with the responses you've received here, I'd like to invite you to leave.

As has been indicated, one does not have to be an attorney to know the laws regarding a given issue. The responders on this board, some of whom ARE attorneys, are all quite capable of answering such questions since they work with the subject every day. But since you want only an attorney to answer you, and since no attorneys in Iowa follow these boards, you're going to have to go elsewhere for your information.