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NO RIGHTS for the injured worker!!!

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  • NO RIGHTS for the injured worker!!!

    There are NO RIGHTS as far as the injured worker is concerned...and anyone who says there are....it's BOGUS!!
    As you can see from previous posts...I hurt my back on the job in OCT. I have just recently been put on indefinate light/mod duty. My employer offered me a position as an RA working odd hours. 7:45a-12:45p and then come back later in the day to work 4:30p-9p. They KNEW those hours wouldn't work for me because of living 1/2 hr. away from my job and being a single parent!! I told them 2 mths ago when they offered that position to me, that those hours wouldn't work, so they worked with me and put me on day shift 6a-2:30p (I had originally worked the night shift). They HAD TO work with me while I was still going through treatment. Now that I had a workability study stating that I have MMI....(met my maximum improvement) even though I can no longer work as a CNA, they offered me the worst hours, and they already knew I couldn't work those hours......I told them I could work a full 8hr. otherwise that would mean an 80mi. commute and I can't do that....it also meant my daughter wouldn't see me before she went to school and she's be in bed when I got home. They weren't willing to work with me at all when I made other suggestions. I know, all they had to do was offer something....what kind of crap is that , that they can offer something that isn't what I can work, already knowing that...it is so obvious to me that they just want me out!! I contacted a work comp atty. He says I have a definate case...but it would cost lots of money and he doesn't see any more than a 50/50 chance. he says they are living up to there end by offering me something even though they already know it won't work.
    Where do I go from here...I will be without health, dental and vision ins. for my daughter and I and without a job!! This is so CRAZY!!
    I can't believe inj. workers have NO RIGHTS!!
    Thanks EllenMD for always haveing an answer even though it's not always what I want to hear.

  • #2
    Actually, you have quite a few rights. Had you injured yourself outside of work, your employer would have no obligation at all to offer you light duty, let alone for several months. If you could no longer perform the duties of your CNA job with out without a reasonable accommodation, you would not need to be offered the vacant position at all. The RA job may not be the hours that work for you, but that doesn't mean it is a bogus offer. If there is another currently vacant position available, you can suggest that one instead. If there just isn't another job open with hours you are able to work, then yes, you are out of luck as far as that goes.

    You should discuss with the attorney whether a period of job placement assistance might be appropriate.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      You should discuss with the attorney whether a period of job placement assistance might be appropriate

      Hi, what exactly is job placement assistance? Would that be Vocational Rehab? What about TTD, do I qualify? Or TPD? PPD? Unemployment?

      Of course I appreciate that they kept me on and worked with me...I feel that they still would have worked with me if a workability study wouldn't have been done.
      Just doesn't seem fair that I want to work yet they don't want me there. I will miss the people I cared for

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      • #4
        Job Placement assistance may be handled by a voc rehab counselor. It doesn't have to be, but frequently is. Typically how it works is you receive TTD for a period of time while working with a job coach or voc counselor. Most often it is for a set period which varies based on any number of factors.

        TPD would only come into play if you were working fewer hours while rehabilitating. If you were terminated you culd try filing for unemployment, but that is separate and apart from WC.

        PPD would come into play as you are at MMI and apparently have a permanent degree of disability as a result of this accident. To file for PPD, you will definitely want the advice of a lawyer.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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        • #5
          And the queen of the acronyms, namely, ElleMD, strikes again.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Hi,
            It's just all so confusing to me. So if i quit, i can't accept unemployment? It's not like I want to quit, they are putting me in a position where I have to quit.

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            • #7
              Whether you get UC is up to the state and has nothing to do with your WC claim. Generally speaking, those who voluntarily leave their jobs are not eligible for UC. If your state decides you had a good enough reason to have left and if they deem the reason you declined the RA job as sufficient, they may award benefits. But that is a lot of ifs and it still doesn't resolve anything with your WC claim.

              Call your lawyer, apprise him of the situation and request job placement assistance. That does not cost a lot and is not a difficult process. In the meantime, you can always seek a job on your own. Accepting another job has absolutely no effect on your WC claim.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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              • #8
                And Patty, I prefer the title Goddess of Acronyms
                I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                • #9
                  No rights for injured worker..wow, i could have written this one!

                  I too am an injured CNA. Was hurt in Nov 2004 and was diagnosed by company drs. as having lower lumbar sprain/strain and for 3 months was treated with rigorous therapy. The pain worsened and after requesting x-rays and or mris and being denied, i finally became assertive with my request. The MRI showed that i had 2 discs bulging and one that was ruptured. I had been on moderate/light duty during this time. Upon finding the rupture, i was put on light duty. Surgery was done but the pain didn't leave. I was told that i would have to learn to live with a certain amount of pain since it was a back injury and this was normal. When the company dr. told me that he could find nothing else that he could do for me, i was released to return to work but that obviously i would never be able to lift 100 lbs. as my job description listed that i be able to do. I was kept on light duty and after 26 weeks of this, i was called in and told that until i could accomplish my job requirements, i was no longer needed. I was not offered another position though i requested such since i am also computor literate and have had management and office experience. RA position would have also been acceptable (I live closer to my job site) but those positions are kept for school students and volunteers. So i left there not knowing what was to become of me. I recieve workman's comp and shortly after my long term disability ran out, wc requested the ime (i actually had two of those) and sent a gentleman to interview me to see what other work i was capable of doing. In the meantime, the pain in my back worstened (i could not do much of normal housework!) and so i opted to see another doctor outside of the company. He ordered fresh MRIs that showed the L3 and L4 were still bulging and the L5S1 was still ruptured. He ordered a new list of restrictions and wc began proceedings to drop my case as they claim i am capable of finding other work. Now bear in mind that thus far, my employer and workmans comp are operating within the legal requirements expected of them!! Hmm. I got an attorney at this time also. So now i am staring at the possiblity of yet another surgery, i have a court date this month to fight to keep my wc and i have NO idea what to ask as far as a settlement though i have sustained substancial damage due to lack of funds from not being able to work! I fight to keep my home, my bills are out of sight, my daughter had to leave college to help me both physically and financially, i can no longer afford to own a car and this whole thing has been a devasting MESS. We too no longer have insurance for med/dental/eyeglass (who can afford it) and outside state help is available IF you want them to set a lein on your home. We were without heat in our home for nearly half the winter last year. (God knows how we will do this winter)Try that one sometime. There is very little out there for folks like us. We gave our employers our best and our residents even more and here we are on the outside looking in. It's depressing! Perhaps our politicians need to review some of our laws. Keep me up to speed as to how you are doing! Good luck, keep fighting and always remember to pray! Whew..thanks for listening. Am open to suggestions.

                  Comment


                  • #10
                    I'm not entirely sure what your question is or if you have one, but the post you attached to is several months old and the OP has not been back since.
                    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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