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A two for one question!

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  • A two for one question!

    Three weeks ago I popped my shoulder out of socket while moving some 75 pound boxes in our companies very small cooler. On a side note here, I mentioned to both of the owners a different way to handle the boxes but they said tough, this is how we want to bring them in ignoring my suggestion. I point this out since I had hurt my shoulder a week prior to this, and after being released back to full duty, I hurt my shoulder again having to move those **** boxes again. There where two empoyees who had just walked into the cooler who witnesed it happen and one helped me pop it back before i went to the hospital to get it checked out. (side note, I popped my shoulder out of socket when I played football in highschool and about 4 months after that, so i kind of knew how to do it, BTW, that was about 15 years ago) I went to the clinic by my house since we do not have a medical clinic we use exclusively to get it looked at. I told the owner over the phone about the incident and left it at that.

    After a week, they still had not filed a first report of injury with our insurance company so I reminded them that they need to do that. Well, to make a long story short, I was terminated soon after that for an unknown reason and the clinic still has not received any workers comp info. Does this seem funny?


    Along with that, since I was let go for some unknown reason, I filed for unempoyment benefits the next day and just today I got the letter listing my benefits. What is odd is that there is no reported income on that sheet from my employer for the complete 2005 year to date. This bothers me because it changes my potential benefit from $515 (the max) down to $350. I know I can send in the correction form for that, but I do not get check stubs very often (I have only gotten 3 this whole year).

    What to do? what to do!

    BTW, I am in Minnesota
    Last edited by mndude; 10-05-2005, 05:05 PM.

  • #2
    Ohh! This is going to be a good one.

    I've learned so much from this site. Sick'em Beth, point this guy in the right direction.

    Comment


    • #3
      After a week, they still had not filed a first report of injury with our insurance company so I reminded them that they need to do that. Well, to make a long story short, I was terminated soon after that for an unknown reason and the clinic still has not received any workers comp info. Does this seem funny? Well, the timing is certainly suspect especially if you didn't engage in any misconduct, there was no reorganization or downsizing taking place, and you weren't provided with a reason.

      If your employer has failed or is refusing to file a worker's comp claim, you can contact your State's Worker's Compensation Division and do that directly. I suggest you do so because if your employer isn't paying the medical bills for your shoulder, the hospital is going to come after you. You may want to discuss your discharge with the State and/or with a WC attorney.

      Comment


      • #4
        This type of restaurant owner (assumption) that gives good owners a black-eye. I would also be very concerned about the no-income reported in 2005, maybe more so than the worker's comp claim.

        Comment


        • #5
          If they did not report your income for unemployment purposes, then they are not filing the correct forms or paying their taxes as required by law. I bet the state unemployment folks, or even the state attorney general, would like to know about it. And the IRS would too.

          You better check with the Social Security administration and see if they paid your FICA taxes, too.
          Bob Bollinger, Attorney
          Board Certified Specialist in NC Workers' Compensation Law
          Charlotte, NC

          Comment


          • #6
            A two year old post? Come on.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #7
              Attorney Bollinger must have been having a slow day...

              Comment


              • #8
                Sorry-it was on the front page of the forum when I pulled it up on my computer. I did not even look at the original post date.
                Bob Bollinger, Attorney
                Board Certified Specialist in NC Workers' Compensation Law
                Charlotte, NC

                Comment


                • #9
                  Don't bite the hand.....

                  You know Patty, maybe you should just be thankful that you have an actual attorney on this site assisting folks.

                  1) He does this for free.
                  2) He probably has better things to do.
                  3) How many atty's are here assisting?


                  Many sites do not have Pros on the Boards available to give their assistance.

                  LL

                  Comment


                  • #10
                    Originally posted by LoisLane View Post
                    You know Patty, maybe you should just be thankful that you have an actual attorney on this site assisting folks.

                    1) He does this for free.
                    2) He probably has better things to do.
                    3) How many atty's are here assisting?


                    Many sites do not have Pros on the Boards available to give their assistance.

                    LL
                    And maybe you should understand that responding to a two year old post doesn't do anyone any good as the original OP is long gone and their problem is more than likely resloved.

                    1) He does this for free.
                    So do the rest of us.
                    2)He probably has better things to do.
                    We do too
                    3) How many atty's are here assisting?
                    I wasn't aware that we had to be. Most here are very experience and educated HR professionals and Payroll Pros that have intimate knowledge of the laws and work with them daily more than most attorneys do.
                    Last edited by mlane58; 09-25-2007, 09:47 AM.
                    Somedays you're the windshield and somedays you're the bug.

                    Comment


                    • #11
                      With all due respect, in my 17 years of handling work comp cases, I have never encountered a HR or payroll manager who had more than a superficial knowledge of work comp law. They really have no reason to stay on top of it as most work comp decisions get delegated to adjusters and attorneys anyway.

                      Most of the work comp adjusters I have encountered during that time had significant deficits in their knowledge of work comp law as well. Many adjusters handle multiple states so they have an overwhelming amount of law to try to keep up with, while staying on top of each file. It is a lot to ask of them to stay up on everything.
                      Bob Bollinger, Attorney
                      Board Certified Specialist in NC Workers' Compensation Law
                      Charlotte, NC

                      Comment


                      • #12
                        Okay, I'm going to step in before things get ugly.

                        Bob, I am very happy to have you here. I'm happy to have all the qualified people I can get responding on the boards here. If you see anything that is out and out wrong, I hope you will correct it.

                        Everyone needs to remember, though, and I am not singling anyone out here, that we can only provide general information, not specific legal advice. As a result, a lot of the information provided is going to be very general. There may well be exceptions and to experts, like Bob, it may seem misleading. But in a forum such as this, it does no good to try to answer every possible eventuality. For one thing, we have to constantly be aware that we do not have the whole story in most cases; we only have what information the poster has chosen to give us. The poster him/herself may not even have all the info. Therefore, a situation that seems black and white based on the available facts may not, in fact, be anything of the sort. That is why you will frequently see references to "based on the facts in your post" or "according to what you have posted". That is a recognition that additional facts might change the answer.

                        I have seen a number of posts over the years where the poster added additional facts towards the end of their thread that made a material change to the answer. One in particular stands out; it was not a workers comp issue, and I no longer remember all the details, but several very qualified HR people as well as at least three attorneys were all in complete agreement as to the answer. Towards the end of a thread that went on for close to sixty posts, the OP said something like, "Oh, did I mention that..." and went on to add something that COMPLETELY changed the answer. I mean a 180 degree turn around. So we can't assume that we have the entire story.

                        The good thing about a forum like this is that we can all learn from each other. None of us knows it all. I rarely respond to workers comp issues because that is not one of my strengths, for example, All I ask is that everyone remember that we all have our strengths and weaknesses, and be supportive of each other's attempts to help the posters. That is, after all, why we are all here.

                        I am talking to EVERYONE.
                        Last edited by cbg; 09-25-2007, 12:28 PM.
                        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


                        • #13
                          Now that cbg, sounds like a "super moderator" talking. I applaud you.
                          Information posted by me is my "OPINION". I do NOT give legal advice to anyone as like most here I am NOT an attorney.

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                          • #14
                            Thank you, Kick Me, that means a lot to me. I mean that sincerely.
                            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
                              Your are very welcome. My intent/comment was 100% sincere as well.
                              Information posted by me is my "OPINION". I do NOT give legal advice to anyone as like most here I am NOT an attorney.

                              Comment

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