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  1. #1
    Join Date
    Aug 2009
    Posts
    2

    Default I've Been Released Back to Work, but My Job is Gone

    My question involves workers compensation law for the state of: LA

    I was working for a company and injured my shoulder on the job. The company pushed and pushed to get me back at work ASAP and it was done too quickly, resulting in my reinjuring my shoulder. Due to this I voluntarily left the company and was hired elsewhere doing a totally different job in a different field.

    I was put back onto PT by my doctor during my employment with my new employer. After approximately 6 months of PT my doctor determined that surgery on my shoulder was the best option for me, as PT was not improving my condition. On March 11th I had surgery on my shoulder. My new employer did not have any light duty work at all for me, so I have been out of work the past 5 months. Last week my doctor finally released me back to work at full duty, albeit I am still not at 100%.

    Now I fully understand that my current employer was not in any way required to hold my position for that long a period of time, and in fact at this time there is not a general manager position available. My question is where do I go from here? Will I continue to receive workers comp checks until either a position opens up, or I find comparable employment elsewhere? What about retraining? I am actually very interested in going into elementary education. Would that sort of training be covered? If they come up with an hourly position at a much lower pay grade, will workers comp cover, or at least help cover the difference?

    I didn't "break" me. My old employer did, and it's most certainly not my fault that it took 5 months to recover from surgery. I still have bills and financial responsibilities that are based upon my previous salary. Those didn't go away. All I want to do is get back to where I was pay wise before the surgery.

    Any help, suggestions, etc would be GREATLY appreciated!

    Thanks in advance for all of your help and consideration in this matter.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,964

    Default Re: I've Been Released Back to Work, but My Job is Gone

    Worker's compensation continues during your disability from working. If you are able to work and no longer qualify for worker's compensation, you can see if you qualify for unemployment.

  3. #3
    Join Date
    Aug 2009
    Posts
    2

    Default Re: I've Been Released Back to Work, but My Job is Gone

    Quote Quoting Mr. Knowitall
    View Post
    Worker's compensation continues during your disability from working. If you are able to work and no longer qualify for worker's compensation, you can see if you qualify for unemployment.
    Just trying to work all of this out, because unemployment is miniscule compared to my salary before the accident. I "thought" that I had read in LA's worker's comp law that they had to pay for retraining. I think I also read that if there was a position available that had a lower salary, that workers comp made up 2/3's of the difference. Did I read that wrong, or is my particular situation causing things to operate really differently?

    Not trying to argue, but it's a big deal for us financially, and the bad butterfly's are doing loop the loops in my stomach...

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