Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Case against Worker's Comp. Ohio

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Case against Worker's Comp. Ohio

    I was injured on the job and needed surgery. Due to the length of time it took Worker’s Compensation to process paperwork I returned passed my 12 week job protection period. When I returned my employer took my full-time from me and changed me to a part-time employee. It was plainly evident that I needed surgery and this delay and other paperwork delays caused me to go passed the 12 week job protection period. If it were not for these delays I would have returned before 12 weeks and would have retained my full-time status. Do I have a case against my employer on getting my full-time job reinstated because of the Worker’s Comp delays?
    Last edited by pfrydrak; 06-23-2008, 10:59 AM.

  • #2
    The problem would have been easier to understand if you had added it to your other thread.

    I don't really understand WHO caused the delay that put you out of work for longer than necessary and enough to put your job at risk. You won't be able to sue the State without special legislation passed to allow you to do so. If the carrier or the company dragged its feet on processing paperwork, delaying the surgery, you might, maybe, possibly get an attorney to take the case, assuming that you have been medically cleared to return to work at your old job without limitations.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

    Comment


    • #3
      Thanks for your reply.
      Yes it was the employer that dragged their feet. They have a self-insured Worker’s Compensation department under the guidance of a consulting agency. The longest delay I occurred was because they denied the surgery the first time. They then sent me through the consulting agency and they had me go to another doctor for a second opinion.
      My argument to them was, the first doctor that I saw was an Orthopedic Surgeon who was on the Worker’s Compensation list as being a Certified Provider. Why is he on the certified provider list if they did not believe him when he said I needed surgery?

      Comment


      • #4
        If the only delay was because they sent you for an IME (2nd opinion) you don't have a case. Not at all. Your employer should be requesting an IME before approving surgery unless it is being performed on an emergency basis.

        My issues with the WC system are not few, but a delay in scheduling surgery because your employer exercised their right to an IME is allowed. The law gives them the right to do that and it is the responsible thing to do for reasons far too numerous to mention.

        Why were you taken off of FT hours? Lets start there. Do they automatically drop everyone after 12 weeks out? Is this temporary? Was there a slow down of some kind that made fewer hours available? Were you released to return with restrictions?
        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.

        Comment


        • #5
          The OP in his prior thread (which he didn't make ref. to) indicated HR said his job was no longer there & there were no full-time positions. Since his 12 weeks of job-protected leave are up, I don't see the employer doing anything illegal in changing OP to part-time.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            Originally posted by ElleMD View Post
            Why were you taken off of FT hours? Lets start there. Do they automatically drop everyone after 12 weeks out? Is this temporary? Was there a slow down of some kind that made fewer hours available? Were you released to return with restrictions?
            Right now they are attempting to drop everyone that returns from leave after 12 weeks, but I already know of 2 guys that have been reinstated to their full-time positions. One guy quit and said call me when you are going to give me my full-time back, they called him about a week later and reinstated him. I actually talked to the other guy and he said that he was going to take legal action against the company and I’m assuming that is what he told HR because I heard that 4 days later he was reinstated to full-time.
            From my viewpoint and the viewpoint of others, it’s the company’s plan to get rid of as many full-time employees as they can. In the department that I work there are job openings for part-time, So they are getting rid of full-time and replacing them with part-time people. We are still doing the same volume of work, so no slowdown. I was released to go back to work with no restrictions.
            I was first told by HR that my job had been filled. I called my Supervisor and he said “no, I held your position open, I was expecting you to come back”. Then when I called HR back and told them that, then they told me,” sorry, your full-time job has been eliminated, they are overstaffed out there”. But yet they are filling part-time positions on the same job.
            I hope this clears up the picture of what the company is doing.
            I just feel that the company is doing something wrong here first because it was an on-the–job injury and second the company has a reinstatement policy which I meet all the qualifications to be reinstated to my job because I have an excellent work record.

            Comment


            • #7
              If the compnay is letting fulltime people go and replacing them with part time people across the board, that is legal.


              If they were targeting one group (minorities for example) and replacing them with part time, then we would be looking at another issue.

              If they let someone go, and then later rehire them but dont necessarily rehire someone else, that isnt illegal unless the reason they didnt hire the 2nd person was for an illegal reason (race, age, gender etc).
              I find that the harder I work, the more luck I seem to have.
              Thomas Jefferson

              Comment


              • #8
                If they are getting rid of FT positions and dropping all of those who exceed the 12 week limit under FMLA to PT, that is legal. The fact that others have been able to later move into FT slots as they came available does not make this illegal. Who knows? A FT slot may open up and you could be moved into it. As others have been dropped aswell and there are no currently available FT positions it makes it much much harder to claim they are only reducing your hours because you took FMLA or had a work injury.
                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.

                Comment


                • #9
                  Thank you all for your replies.
                  I just got blindsided by a process that the company has recently started to try and lower their cost. My Supervisor was not even aware that they were doing this until it happened to me. So it appears that they are not doing anything illegal.
                  I do not look for things to get any better so I’m stuck with my part-time until I can find a better job. Those other 2 guys that I mentioned that had their full-time positions reinstated both had between 15 and 20 years in with the company. I have 4 years of service.
                  I had thought about sending HR an Email and telling them that I was going to seek legal action and state my reasons why, but now I’m thinking with my years of service, I would probably get fired. One last question: Could I get fired if I did send HR an Email saying that I was going to seek legal action? I know now that I can’t seek legal action, but I would like to see what the company’s reply would be.

                  Comment


                  • #10
                    If you are trying to use the attorney as a threat so they take you back full time..I can guarantee you, it will not make them love you. There's a word for that kind of action and its not pretty.


                    If I was the company and you said that my response would be "fine, contact an attorney, here's my card, make sure they spell my name properly."
                    I find that the harder I work, the more luck I seem to have.
                    Thomas Jefferson

                    Comment

                    The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                    Working...
                    X