Tantangel Posted August 17, 2007 Report Share Posted August 17, 2007 Okay, so I finally reach the end of my leave so I'm fully expecting to go back to work full time and everything. I go to the doctors Monday and they say I'm released to go back to work with a 50lb weight restriction. Go to turn it in and my work wont accept anything less than a full release so I get stuck going back to the doctor and asking for a full release. Being the fact that I am pretty much completely broke off my *** I was banking on the whole going back to work so that I can at least get some money to pay off bills that I'm beginning to slowly fall behind on. I get a call today from the doctor and then they tell me the verdict. They refuse to release me fully back to work because the weight limit of pushing/pulling 100lbs up to 20 feet could possibly reherniate my back. Because of the fact that I work in a Right to Work state, my rat bastard work wont make acceptions for me and they have a right to terminate my working there. I hate both places now with a fiery passion, I've already been set back enough times through complications of this idiotic back crap. Time to start looking for another part time job that will allow me to deal with this ****, because I wasn't planning on them not going to allow me back for at the earliest 4 months from now. Link to comment Share on other sites More sharing options...
corpsestomp Posted August 17, 2007 Report Share Posted August 17, 2007 I've got a pair of herniated discs, and what they call Degenerative Disc Disease. Apparently it isn't bad yet, though, so it'll probably mean a whole lot of physical therapy and drugs, so I'm pretty pissed about that. I feel you though, man, it sucks being out of work, when you're injured, especially if you aren't feeling it. Link to comment Share on other sites More sharing options...
BigMac Posted August 18, 2007 Report Share Posted August 18, 2007 were you injured on the job? if so, you should have some sort of compensation program. Link to comment Share on other sites More sharing options...
L-A Posted August 20, 2007 Report Share Posted August 20, 2007 That's f***ed man. Good employers who care about staff will actually try to help you - and I fail to believe they couldn't find something else for a valuable staff member to do. F***ing idiots. I hope it works out for you man - I really feel for you. You're right though - its time to move on to another employer who actually gives a f*** about their staff. L-A Link to comment Share on other sites More sharing options...
Tantangel Posted August 20, 2007 Author Report Share Posted August 20, 2007 Hurt myself on the job but didn't report it because I didn't think it was all that bad. Week went by and no improvement so I decided to try and get the proper paper work filled out and they said it was too late to do anything by then. A year later it was starting to hurt more and more, so I said I was doing surgery and nothing was going to change my mind. They gave me the okay which wasn't that hard to get, did one surgery, it hurt worse after that, so they did another 2 months after that and now it's a little over 2 months since the second surgery and they wont release me to go back to work because I may re-herniate again so I may be out for 4 more months before being fully released. It's lame as hell, and the two parts of my work that don't require a whole lot of lifting is Pharmacy and Jewelry which both are always full and I have no experience in pharmacy, Jewelry wouldn't be too hard though. Link to comment Share on other sites More sharing options...
Kyzarius Posted August 20, 2007 Report Share Posted August 20, 2007 I would be pissed at your employeer not the doctor. You also might be eligble for workers comp as being you obviously have a medical reason for being unable to work. Actually you have more than that. Your employeer refuses to ALLOW you to work despite a partial release from the doctor. You have been paying your entire working life into the workers comp programs via state and/or vehicle taxes...use it. Link to comment Share on other sites More sharing options...
Tantangel Posted August 20, 2007 Author Report Share Posted August 20, 2007 Right to work State. If you aren't on workmans comp to begin with you can't be allowed to go back to work at any job without a full release unless the 'restrictions' they put you on wont stop you from doing your job. My job requires that I can at least push/pull up to 100lbs for 20ft and lift 100lbs up to 3ft for up to 20ft but these are 'rare' instances. Problem is a lot of my job functions include lifting things twice that weight and more often than any rare occurance. Without filing anything with my job I only had until January 9th, 2006 to file anything to allow me to get workmans comp and I talked about signing it January 12th not knowing that I only had a 3 day window. Now I could be eligible for Social Security if I'm out of work for a year, but otherwise that's the only chance I'd get for something close to workmans comp. Without the proper filing of any paper work though it makes workmans comp issues harder to even prove despite having the physical scars and limitations as well as proof of the actual surgery, especially since the surgery happened over a year after the initial incident. Now if I did it straight away I'd be all good and I could use the whole thing to my benefit. Now I'm basically screwed and kind of pissed at both sides. Job doesn't want me to return without a full release because of the lifting I'd have to put up with going back to work and the possibility of me going right back to surgery again if it herniated all over again which would put me out essentially another 4 months or better. So both sides are playing it safe, but it annoys me immensely. Link to comment Share on other sites More sharing options...
Raargant Posted August 20, 2007 Report Share Posted August 20, 2007 I imagine you'd be more pissed if you went to work and re-screwed your back up. Your health matters more than your job. Make sure to take good care of yourself. Link to comment Share on other sites More sharing options...
Dobson Posted August 20, 2007 Report Share Posted August 20, 2007 expertise time again. heh heh hemmmm Right to work states allow the following in this particular case. The employer has the right to fire any employee any time except during the following: Injury CLAIMED on the job Maternity, Paternity leave up to 6 months Family Deaths (3 days leave) Jury Duty The employee has the right to sue for wrongful termination in a right to work state. Meaning the following: A maximum of 6 months unemployment insurance at 70% of your annual income claim which will be brought before a judge. Right to resign and obtain a settlement from said employer. And that's it. Lovely right to work state. However, the reason they are not letting you back to work is because they do not have any light duty posts. Meaning that depending on where you work, the company wide policy is no light duties because your actual work may change on a regular basis. The reason they denied your claim with workers comp is simple, you have 72 hours to report the claim through the company, HOWEVER, you have 2 years to report it period. You need to get a lawyer and sue my friend, not the employer but the workers comp agency. If you have ANY documentation with 72 hours of the injury, you should be okay. Link to comment Share on other sites More sharing options...
Aulian Posted August 21, 2007 Report Share Posted August 21, 2007 That's f***ed man. Good employers who care about staff will actually try to help you - and I fail to believe they couldn't find something else for a valuable staff member to do. F***ing idiots. I hope it works out for you man - I really feel for you. You're right though - its time to move on to another employer who actually gives a f*** about their staff. L-A Yeah man but Aussie/NZ and America have a HUGE difference in employment relation law and in just general attitude. Link to comment Share on other sites More sharing options...
L-A Posted August 21, 2007 Report Share Posted August 21, 2007 Yeah man but Aussie/NZ and America have a HUGE difference in employment relation law and in just general attitude. With the changes that current government is trying to implement under their 'Work Choices' scheme I think a case could easily be made that the attitude over here is just as piss poor - its just that all the obstalces to getting to what you call a 'Right to Work' state haven't been removed. I don't see them being removed easily or for a long time either - even with the Federal Governments current abilites to simply legislate as it sees fit. L-A PS - I love the term 'Right to Work' It sounds more like its a 'Right to Give you the @$$' F***ers. Link to comment Share on other sites More sharing options...
Kyzarius Posted August 21, 2007 Report Share Posted August 21, 2007 I imagine you'd be more pissed if you went to work and re-screwed your back up. Your health matters more than your job. Make sure to take good care of yourself. yeah no joke there. Link to comment Share on other sites More sharing options...
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