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  1. #1
    Join Date
    May 2007
    Location
    Louisiana
    Posts
    23

    Default Terminated After Injury and Worker's Comp

    I'll try to make this short. I worked for a major retail shoe organization for over 33 years with a GREAT work record. I was on a ladder moving shoes and hurt my neck. After a run-a-round by the company of what Dr. to see I finally saw my own. I had 2 ruptured disk in my neck that required surgery. I took off to have surgery and got approval 5 days later, only to hear 3 weeks later that it was not approved. I was to be off 6-8 weeks. The company is self insured but I thought it was WC delaying surgery. Company policy states: anyone on LOA 6 months will be administratively terminated. I called WC & Emailed them every day, it was 3 months before I was sent for a 2nd. opinion and of course he said "surgery never fixes this" before he examined me. I had 3 more months before termination so I called and emailed more. I was going to request an independent medical exam but WC told me that the Dept. of Labor would not do it. My termination date was to be October 22. At the end of Aug. someone from risk management called me and told me he could handle WC that I should come back to work so I could keep my benefits. My doctor had just sent in MORE papers stating NO WORK until after surgery. The next day I received a call from WC saying they were going to request an IME. This was on Aug. 29th. After 2 weeks I kept asking for a copy and when we may know something...she said maybe 10 days. This went on for weeks and I finally got my copy of it. It was dated Oct.21...the day before my termination. I was terminated on Oct. 22...no insurance, no job to go back to, just in pain. My left arm was numb, both hands, and headaches every day. The IME was done in Dec. and he ruled I had to have surgery. I am still getting WC but I have no insurance and can't get any. Would I have a chance of filing a suit with the EEOC? I read the following: Equal Employment Opportunity Commission filed charges that a national retailer violated the ADA when it allegedly terminated workers who spent more than one year on disability leave without regard to their individual circumstances and return-to-work projects. I am in Louisiana and now have an attorney but he knows nothing about anything. Can anyone advise me?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Terminated after Injury and Worker's Comp

    I'm wondering if your employer intentionally stalled and delayed treatment in order to push you past the six month mark. I suggest that you consult with a workers' compensation lawyer in your state, to have your situation analyzed in detail.

  3. #3
    Join Date
    May 2007
    Location
    Louisiana
    Posts
    23

    Default Re: Terminated after Injury and Worker's Comp

    I know they did and I know the name of the person responsible. He called me after I had been off 4 months (the day after I told WC I was going to file for IME) and told me to come back to work, which my doctor sent papers in the day before stating NO WORK. My District Mgr. and his boss both tried to get something done quicker until they were told to butt out. I have an attorney that I hired the day before I finally had surgery, which was 13 months after I took off. I had a hard time finding any attorneys that handled WC cases, which mine knows nothing about the laws concerning anything like this. He filed for Social Security only. I have called every place I know and it's hard to believe there is no one I have found that could help.

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