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In pain...Can't work.

Discussion in 'Coming Out Advice' started by EM68, Mar 14, 2011.

  1. EM68

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    I know this is a bit of a rant but I can't hold this in anymore. About a month ago, I fell at work. I slipped on the ice at one of the lots while getting a car. I sprained my knee and hurt my hip. At the time I missed 2 weeks of work and received workers compensation. I went back to work and the pain seemed to go away. Fast forward to this past week. The pain in my hip started to come back. Its gotten to the point where I can not sit for a long time without being in pain. I called my primary care doctor and they want me to see a physiarty doctor. I never heard of this kind of doctor. I looked it up on line and it is a type of rehabilitation doctor. Anyone hear of them before? I tried to call to make an appointment but they won't talk to me until the workers comp insurance co contacts them with the billing info. I called on Thursday and Friday and the manager who is on my case was away and is back today. She said she is working on it. I am aggravated because I have waited 4 days to make an appointment.

    Meanwhile I I went to work on Saturday and was in pain. I went back on yesterday and had to leave after a couple of hours. I was is a lot of pain and ibuprofen is not working with the pain. When I told my boss he said that I have missed a lot of work and I am killing him financially. He then called me to say he can not have him on his team anymore. Once every few months the managers get together to pick teams. He is one of the managers that I get or used to get along with. When I called into work today he basically yelled at me and told me not to come back until I'm healed and make sure I have a doctor's note.

    I don't now what to think anymore. I have not been able to sleep. I get pain if I am in one position too long. I am not making any money by missing work. My job is 100% commission and bonus. I am thinking of going to a workers comp lawyer but I'm afraid that if I do my bosses may retaliate against me or I could loose my job. Anyone ever have to use workers comp. Thanks.
     
  2. Black Cat

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    Sorry to hear about your circumstances Ed. (*hug*)

    My step dad had to go through the worker's comp situation a few years ago due to an injury. He still suffers from it, and probably will never fully recover. In his case they fought it, even though there was no question that it wasn't his fault.

    Not to be a real downer, but it took almost two years to see any kind of progress in his comp case, so if you choose to take action it may be even longer before you see any real progression in yours.

    Chances are, unless your company has demonstrated otherwise in the past that your employer will fight your claim. Almost all places dispute the claims submitted by employees for compensation, and as bogus as that may be on their part since there is bound to be a percentage of claims that are legitimate, it's true.

    Has your company dealt with any comp cases in your time there? If so, do you know what the outcome was?
     
  3. EM68

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    I don't know if there has been and workers comp claims. I have a feeling they would fight it.
     
  4. Lexington

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    They definitely would fight it.

    You say you can't sit for a long period of time without a lot of pain. Can you stand? If you alternate standing and sitting every half hour, say, would that be something you can handle? If so, you might try talking to your boss again. The key thing isn't so much what you say as how you come across. What you DON'T want to get across is "I'm in a lot of pain, and I can't work." What you DO want to get across is "I really do want to work, and although I'm still dealing with this pain, I want to try to find a way to make it work."

    So if you think this is something you can do, you might look at simply revamping your workspace. If you ordinarily sit at a desk, maybe there's a counter you can move your workspace to? Somewhere where you can stand up and work? And perhaps you can get a stool to put nearby so you can sit and work there from time to time? Again, not sure if this is something you think you can handle, or perhaps something that is feasible where you work, but it might be worth a try.

    Mind you, I'm not dismissing the worker's comp, or saying the company doesn't need to shoulder some blame here. But if your job is on the line, your best bet is to try to at least appear like you're doing your best to make things work given what you've got.

    Lex
     
  5. EM68

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    I tried standing then sitting. The pain is going down my leg so standing for a bit huts. The thing about this is that in the past when I was sick or anything I would go to work. A few times when I was sick my boss noticed and sent me home. But now him and other managers have said that I have missed a lot of work. I do have all the documentation from the doctors. But now he thinks I should be better by now. I tired to explain that the pain has came back but he does not want to hear about it. Belive me I do feel bad that me not being there and selling cars hurts him. I think right now I need to get to the specialist to find out whats happening.
     
  6. TraceElement

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    Check with your employers to see if you have family medical leave of absence (FMLA). Since you were hurt at work, FMLA of some sort should apply.
    A few months back I had a bacterial infection in my foot and was taken out for a few days, and when I came back, one of my managers asked me why I wasn't in, and when i told him about it, he said "Oh, that's all you had? You could have come in." Meanwhile, i was at home on antibiotics barely able to stand up and walk to the bathroom. So EM, you are not alone with managers being idiots at times.
     
  7. EM68

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    If I do get a a medical leave of absence, I would not get paid. Right now I am waiting for the workers comp person so I can make an appointment with the specialist. Right now I'm in a lot of pain. Even if I wanted to go to work, I can't because I need a doctor's note.
     
  8. Eleanor Rigby

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    I don't have much advice, the legislation is obviously very different in France and in the US for that sorts of things.
    But I am sorry that you're having to deal with this in addition to the pain, and I hope you'll be able to sort it.
    Get better soon (*hug*), Cécile
     
  9. csm123

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    Sorry to hear your sad situation ED.I cant offer any advice as your rules and legislation are not the same as in the uk.

    I would say your safest bet is to find out what is causing the pain before returning to work,pain is often a warning to stop doing something that could potentialy cause more damage if you continue.

    Wishing you well
     
  10. Chip

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    You're in a difficult situation, but it sounds like there's no gray area as far as your claim; it was clearly 100% a result of being injured on the job. And if the doctor can explain the nature of the injury (that it is likely a pinched nerve or something that isn't a simple soft-tissue injury) then it should be open-and-shut as far as your employer's culpability.

    The problem is, since they are being difficult, you may have to be more aggressive in getting them to understand, and that, too, gets complicated. They can't legally retaliate if you take action to enforce your rights, but that doesn't mean they won't try, or find some other reason to fire you, or whatever.

    I do think it might be sensible to at least talk to a workers comp attorney (or even two of them). Most will give you a free consultation and you should be able to find one who will give you the pros and the cons, and help you decide what the next step should be.

    I'd also keep on the workers comp people because they have to realize that the longer you're out of work, the larger the claim they will end up having to pay; somebody (whether the workers comp insurer or the employer) is going to have to compensate you for the time you could not work, and it certainly makes sense that they should be taking steps quickly to reduce the amount of compensation they will have to pay.
     
  11. EM68

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    My company is not fighting on the point that its their fault.

    I tried 3 times to call to worker comp person and left voice mails. I don't know what to do. I can't see another doctor until I get through to them. Also I can't go back to work without a doctor's note. I don't know if I should try to suck it up and go into work or just wait it out until I can see the doctor's. I am is so much pain right now I'm on the verge of tears. Another thought was going to the ER. The only thing is that I bet they will tell me to see the specialist. I feel like I messed up and should have gone to work today.
     
  12. Aya McCabre

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    From a work point of view it might be a good idea to see a lawyer and find out what your rights are.... I don't know about where you are but if that happened here it seems to me that they would've broken a couple of laws already. It never hurts to know where you stand legally.
     
  13. straal1972

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    Hey Ed, sorry to hear of all this crap. I don't know if I have any useful information to pass on to you, other then. Try checking out either and osteopath (best bet imo) or chiropractor. You may have to pay out of pocket but well worth it. We've had great luck with an osteopath PM me if you want more details.

    Good luck