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returned to work too early, still disabled..what do I do ? NJ New Jersey

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  • returned to work too early, still disabled..what do I do ? NJ New Jersey

    I got an eye injury on Oct 15th and nearly lost all vision for some time. I was excruciating pain and approved for disability. I was seeing my doctor everyday until the 7th of Nov. and we believed I would be able to return to work on the 9th. I worked 7 non consecutive days and was still experiencing a bit of pain and uncomfortableness due to how deep the would was.

    I was trying to avoid the suggested surgery and any additional leave. But I just cant work at this point. But what do I do

    I need to take more time off and save to do the surgery,before I can expose my eye to all the focusing,movements,and lights

    I already told disability that I returned to work and have them stop the disability and worked 7 days.

    I did read something about if you feel you cant work within 30 days of returning, You can restart it

    also, I woke up and called the number at 8 am when they opened...and it already says that they cannot except calls....

    So here is my questions ????
    What do I do
    Can I just send in the original forms and write my situation and that I need to restart it.
    Or
    Do I have to submit all new forms and have everyone fill out thier portions again...It was a pain the first time to chase them down.
    What do I do?
    Thank you
    and is there another number that I can call to speak to someone

  • #2
    need some help here

    Someone please reply

    Comment


    • #3
      Be patient. We're all volunteers here and have jobs as well. When someone has a response, they will post it.

      Keep calling. Often.
      http://lwd.dol.state.nj.us/labor/tdi..._clt_menu.html
      Last edited by Pattymd; 11-23-2009, 09:58 AM.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment


      • #4
        No one knows ?

        Still awaiting

        Comment


        • #5
          Sorry, I'll bump this and I've asked a responder who also posts on another board to hop on over. Hopefully, she'll get here today. It's just not my area of expertise.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment


          • #6
            First, is this a work injury? Have you filed it as a WC claim if it is?

            Regardless, if you are still having problem, you need to see your doctor again and explain your symptoms. No one can do anything for you until you have done that. If WC, call your adjuster and let them know you need another appointment. If not, follow whatever regular procedures you do to make an appointment.

            Go from there. If the doctor tells you that you need to be off work, then you reapply to the disability carrier. Often if you are out soon after a return for the same reason it expedites the process but I'd be shocked if you didn't need to have the doctor complete some kind of form explaining why you need to be off now. Just what form is needed is up to the carrier. Contact your plan administrator for details.
            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


            • #7
              re

              Hi, thanks for the reply. No it was not on the job (wc) and due to the holiday...its just a waiting game now. I face over everything and mailed it too. So I guess ....lets just see what happens

              Comment


              • #8
                If you need to take time away from work due to this DISABILITY, then make sure you ask employer for a FMLA leave, so that you can protect your employment.

                I hope your optical disability improves and soon!

                Comment


                • #9
                  Assuming that FMLA applies. It does not in all cases.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                  Comment


                  • #10
                    Yes, assuming the employee has worked necessary hours at his employment to qualify for FMLA, of course.

                    If having qualified already for STD, as he did originally, his injury appears to fall under a disability, if this is what your pertaining to. If its the time on job or hours, of course; assuming he has worked for 1 year or 1250 hours he would qualify for FMLA and the ADA as well to protect his employment, again under those terms.

                    Comment


                    • #11
                      Also, to qualify for FMLA, the employer would need 50 or more employees within a 75 mile radius of the work site. (for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year)
                      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


                      • #12
                        whats FMLA

                        I did file again because STD made resend all new forms stating I am not healed
                        Now I am waiting on the employer to fill out the papers again as they take their time I am receiving no pay
                        I have been with the company for 7 years and worked 4 days a week at 12 hours per day

                        This is one of my main factors....simply that I cannot work those hours so long
                        We work in the mall in a kiosk and we do not have chairs or anywhere to rest nor take breaks. And since its a commission job, if I cannot perform 100%, I am basically just wasting time for free. If I dont cover my draw, then they will take it back when I do. So am in a bit of a bind
                        And just waiting for the papers so I can fax them over to STD and see what happens

                        what is FMLA though ?

                        Comment


                        • #13
                          also emloyees

                          Yes they have over 100 employees within that radius.

                          Comment


                          • #14
                            FMLA is the Family Medical Leave Act, which allows for up to 12 weeks of unpaid leave in a 12 month period when all the qualifying criteria are met.

                            The qualifying criteria are as follows:

                            1.) You have worked for this employer for no less than 12 months
                            2.) You have worked a minimum of 1,250 hours in the 12 months immediately preceding your leave.
                            3.) Your employer has a minimum of 50 employees within 75 miles of your location
                            4.) You or a qualified beneficiary have a serious health condition as defined by the statute.

                            Despite what the other poster would have you believe, qualifying for STD benefits is not, in and of itself, enough to qualify you.

                            So that there is no misunderstanding, STD is not leave. It is how you get paid when you are on leave. STD benefits and FMLA can and do run concurrently. The time you have already been off work WOULD count as part of your FMLA allotment.

                            The STD is a completely separate issue and has nothing whatsoever to do with whether the time qualifies as FMLA or not.
                            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                            Comment


                            • #15
                              STD is how you get pd. while on leave. Just to be clear, FMLA is JOB PROTECTED leave.
                              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

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