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Back Injury 04 fired and lawer does not call back

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  • Back Injury 04 fired and lawer does not call back

    Hi I would really like some help in a situation that my friend is in.
    Back in 07/04 he was injured on the job (ladder broke) he was sent to the doctor and put off for a couple of day then went back to light duty, when he returned to work for light duty and the end of his first day of light duty he was called into the office and was terminated. he went for a follow up visit and told the doctor that he was fired. he got an attorney and was started to recieve medical treatment needless to say two years has gone by and for the last 7 months or so his attorney has not returned his calls, he was told 6 months ago that workers comp has run out and there was no money in it to go get a job.(by his attorney) he has tried to hold down jobs but lately his back has been bothering him. We have tried to contact different lawers but no one has called us back, Can you actually be fired if you are on doctors leave for an injury on the job? Is there anything we can do or a place we can call to see where his case is at and where its going?and what do we do about his pain? Thank You, Lost in California
    Last edited by smile123; 03-08-2006, 09:31 AM. Reason: did not really ask the right question

  • #2
    I find it very hard to believe that he can't find a lawyer to talk to him at all. He can try to contact the state Workers Comp Commission for advice.

    On the whole I'd say they could not terminate him for filing a WC claim ,but as this has been going on for some time and apparently already been run through the WC system and at least one lawyer, I'll assume there are details you haven't shared which are probably relevant.
    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


    • #3
      He hired a lawyer back in 04, He was told that not only did he have a wrongful term but they were also going to go after the manufacturer of the faulty ladder that he was standing on when it broke causeing him to fall on his back. While he was working he recieved alot of complements on the great job he was doing. when the injury happened he informed his boss and said he thought he would be fine and did not go to the doctor, the following day he was sent to do a coffee run for all of the employees, when he returned with the coffee his leg gave out and he hit the floor at that time his boss told him he had better go to the doctor he did the doctor took him off for two days then released him for light duty, he returned to work and they kept him in the office doing price changes dusting ect... he was only scheduled four hours and was asked by the assistant to stay eight. The main boss came in and asked him what he was doing there that he just got off the phone with workers comp and he should not be there, the manager walk awy and later called him into the office and was told that he just was not working out.they started him on all of the treatments ie shock,whirlpool epidural,ect... every doctor that he has seen says he has compound vertebrates,two bulging disc's that are touching nerves. Everytime he calls his attorney he very seldom calls back. He called several attorneys and recieved one phone call back.This attorney told him that more than likely other attorneys did not want to take his case because he is to far into his case. i think that my real questions are 1) Is there a place that he can call to find out how far along his case is. 2) How can he get the treatment that he needs (he wants the surgery). 3) What can he do about his attorney?

      Comment


      • #4
        Employers are not legally obligated to provide light duty. They may be on the hook for the lost time if they can not bring an employee back to work in some capacity after a WC injury, but they do not have to create a job for them. Whether it was legal or not to term him depends on how long he had been there, how many hours he had worked the past year and whether or not there were at least 50 employees within a 75 mile radius.

        I see immediate red flags in that he was able to return to work after the fall from the ladder, but his leg gave out a few days later causing another fall. Unless the leg gave out because of the fall from the ladder and not some pre-existing condition, that would not be covered by WC. The back findings may or may not be deemed to be related to either instance and without a full medical history it is impossible to say for sure. Even then I'm sure there are doctors who will attribute varying degrees to the accident.

        I have never heard of an attorney not taking a case because it is "too far in", particularly in WC. The one on record at the time of an award is the one that gets the fees so it just doesn't make sense. Did your friend follow up with the one who called back? Perhaps he should be asking friends and neighbors for recommendations. Even his doctor may have a suggestion. Not every lawyer handles WC, so perhaps he was barking up the wrong tree.

        I'm not sure I know what you mean by "how far along his case is"? His case is as far along as he has pursued it. If he is just wondering whether issues have been filed, that is a matter of public record and a call to the WCC should tell him. If he needs a particular treatment he needs to get his doctor to seek authorization from the WC carrier. It is not unlike getting a treatment pre-authorized from your health insurance. He may be sent for a 2nd opinion to determine whether surgery is the best option, which is fairly routine. This does not usually require the assistance of an attorney.

        I'm also not sure what you want me to tell you about his attorney. I can't make him be responsive. If he is unhappy with his representative he should find another. If this attorney is part of a large firm or even just not a solo practicioner, he can try calling and speaking with one of the principles or partners in the practice to let them know of his dissatisfaction. It is no different than going to the manager of a restaurant when receiving poor service from another employee.
        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
          Thank you I will keep you posted

          Comment


          • #6
            To smile 123

            Your boyfriends' employer can't fire him like he did. My own attorney told me that. It sounds very much to me that your atty. is not fighting for you and I would replace he/she ASAP. I am from Ga. and there is no limit on the amount of WC benefits you can draw . I have been on WC for almost a year now and they want to settle but I refuse to settle for 13K because they just found that I need surgery on L4-L5 and L5-S1. Fight girl!
            Originally posted by smile123
            Hi I would really like some help in a situation that my friend is in.
            Back in 07/04 he was injured on the job (ladder broke) he was sent to the doctor and put off for a couple of day then went back to light duty, when he returned to work for light duty and the end of his first day of light duty he was called into the office and was terminated. he went for a follow up visit and told the doctor that he was fired. he got an attorney and was started to recieve medical treatment needless to say two years has gone by and for the last 7 months or so his attorney has not returned his calls, he was told 6 months ago that workers comp has run out and there was no money in it to go get a job.(by his attorney) he has tried to hold down jobs but lately his back has been bothering him. We have tried to contact different lawers but no one has called us back, Can you actually be fired if you are on doctors leave for an injury on the job? Is there anything we can do or a place we can call to see where his case is at and where its going?and what do we do about his pain? Thank You, Lost in California
            Last edited by auntlodie; 03-24-2006, 10:13 PM.

            Comment

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