04-16-2009, 08:20 AM
Most states are "Right to Work" or "At Will" states. It is supposed to protect employers from frivolous law suites by pissed off former employees. However, it has created an environment where employers can do what they want with their employees. Take me for instance, I was injured on the job in October of '07. My boss arbitrarily placed me on "Family Medical Leave" (Which is NOT supposed to apply to Worker's Compensation Injuries) and nobody bothered to inform me of this. Then in July of '08 I get a disbursement check from my 401k. When an empoyee is fired due to "No Call-No Show" company poliy is to send them a certified letter stating as such, and an insurance "COBRA packet". I did not get those. The reason stated on the check stub was "Termination". I called the HR department and found out that I was terminated for failing to return from leave. In the company that I worked for, terminal managers (i.e. my boss) does not have the singular power to fire someone, it has to go through HR. When I told the HR rep that I was out injured, she was dumbfounded.
Now, today, the work comp company is cutting off my benefits and further medical. To date I have had 1 surgery, when I was supposed to have at least 3. I am not employable in any field that I am trained in because I don't have the dexterity in my hands, or the ability to endure the pain in my wrists. I am on the verge of losing my house. If I take ANY job it incriminates me in the eyes of the court. If I don't, I have to accept a settlement offer and live with the pain. The settlement offer will not be enough to support my family. It would not come close to matching 1 year of my former salary. If I choose to fight, I am looking at at least a year of litigation. Furthermore, if I accept a settlement offer out of court, I will have to sign a "Resign and Release" waiver, protecting my former employer from a wrongful termination suit.
Even the work comp rules favor the employer. I am allowed to pick up to 2 doctors outside of the companies contracted medical provider. The inurance company can pick as many as they want. They shopped for a doctor who's opinion would support them cutting me off. These doctors are called Independent Medical Examiners. The last one they sent me to spent 3 minutes examining 1 of my wrists. He never looked me in the eye, he never examined any of the MRI, X-Ray's, Bone Scan, or EMG records. All he did was poke me a few times. It hurt like hell, but I am not one to say Ouch. If he would have been looking at me he would have seen the pain on my face. He did his job, he gave the inurance company what they wanted. His report said that I was at Maximum Medical Improvement, and any injuries remaining are not caused by my job. Which, the latter is true. The job itself did not cause the injuries, it was the 9' fall onto a concrete floor that did it. He reviewed a video of someone performing my job and said that there was no reason why I could not return to doing the same thing. I can barely pick up my 29# son, let alone drop all 200# of me onto a draw bar. Which is funny, because the first 2 IME exams where done by a leader in this field and he said that surgery was absolutely needed. The last doctor they sent me to works at a plastic surgery facility.
Where is the system of checks and balances? How is it that one side gets all of the power? How can we, the employee fight back? Unions are, in essence, a great thing, but they do not bypass statutes. I have been a union memeber before, and they did nothing for me. What is happening is a miscarriage of justice, but is supported by case after case of court precedence. The work comp system is widely abused by malingering people, but I am not one of them, but I do get to bear the cross of those that have been.
Matt.
PS No pics, the camera is broken.
Now, today, the work comp company is cutting off my benefits and further medical. To date I have had 1 surgery, when I was supposed to have at least 3. I am not employable in any field that I am trained in because I don't have the dexterity in my hands, or the ability to endure the pain in my wrists. I am on the verge of losing my house. If I take ANY job it incriminates me in the eyes of the court. If I don't, I have to accept a settlement offer and live with the pain. The settlement offer will not be enough to support my family. It would not come close to matching 1 year of my former salary. If I choose to fight, I am looking at at least a year of litigation. Furthermore, if I accept a settlement offer out of court, I will have to sign a "Resign and Release" waiver, protecting my former employer from a wrongful termination suit.
Even the work comp rules favor the employer. I am allowed to pick up to 2 doctors outside of the companies contracted medical provider. The inurance company can pick as many as they want. They shopped for a doctor who's opinion would support them cutting me off. These doctors are called Independent Medical Examiners. The last one they sent me to spent 3 minutes examining 1 of my wrists. He never looked me in the eye, he never examined any of the MRI, X-Ray's, Bone Scan, or EMG records. All he did was poke me a few times. It hurt like hell, but I am not one to say Ouch. If he would have been looking at me he would have seen the pain on my face. He did his job, he gave the inurance company what they wanted. His report said that I was at Maximum Medical Improvement, and any injuries remaining are not caused by my job. Which, the latter is true. The job itself did not cause the injuries, it was the 9' fall onto a concrete floor that did it. He reviewed a video of someone performing my job and said that there was no reason why I could not return to doing the same thing. I can barely pick up my 29# son, let alone drop all 200# of me onto a draw bar. Which is funny, because the first 2 IME exams where done by a leader in this field and he said that surgery was absolutely needed. The last doctor they sent me to works at a plastic surgery facility.
Where is the system of checks and balances? How is it that one side gets all of the power? How can we, the employee fight back? Unions are, in essence, a great thing, but they do not bypass statutes. I have been a union memeber before, and they did nothing for me. What is happening is a miscarriage of justice, but is supported by case after case of court precedence. The work comp system is widely abused by malingering people, but I am not one of them, but I do get to bear the cross of those that have been.
Matt.
PS No pics, the camera is broken.
Don't follow me, I'm lost too.