My question involves workers compensation law for the state of: texas
I will keep this short as possible, but keeping all the relevant info in tact.
I work at a meat plant, i suffere a pretty bad repetitive movement injury on my elbow and arm. The company doctor gave me restrictions which included no right arm usage. At all, period. The department manager decided that what he felt was medium usage of my right arm was okay..it wasnt. I woke up and my arm was probally in more pain than it was when i was at my original spot. By this time i found a modified way to lessen the damage, but this new job moved all the wrong parts. I had to go to ER. They said NO USING MY RIGHT ARM. So they put me on light duty, which is all good. Its light work, but the fact is i have to use my arm and fingers for repetive task, and i think i hit a wall with my recovery, but i dont want to say nothing because they when i hinted at it they said there was no where else to put me. So anywho, today they go in and told us all light duty employees are barred from working over time this weekend, i think it sounded fishy, but they said state law allows them to pay as little as 38 hours. So im missing out on good money because i was hurt working. Is this allowed? the non ligh duty guys are able to get OT, but we arent.. It makes no sense since the last guy that was there was able to work 50 hours a week there. I have a lawyer who wants to help but wants 400 an hour. Why so much? Well read below.
My wife also works there. She got a hernia while her little 120 lbs sellf was pushing and picking up 70 pound boxes, they sent her to get a scan, and yep, she has a small hernia. They refuse to put her in light duty because I am there, they say that its against the rules. It may be but it is no where in the guide book they gave us. I checked. But anyways my wife doesnt really need to be with me like that. Its a slaughter house they have multiple spots they could put her in, but they only want to put her in the spots that are missing the person. So they put her in spot with no lifting, but lots of straining, which is what her doctor set herrestrictions too, and her hernia has started causing her much pain and constipation. they refuse to move her, they dont want to let her see the doctor again, and also tell her she cant go to outside doctor other wise they are not responsible. They keep saying its a small hernia it shouldnt hurt. Very very insensitive. So the problem is im hurt she is hurt, they are telling me to give up my spot so she can work, but then i wont have a spot. i guess they want to remove my restrictions. i know im not ready yet. im so scared im gonna mess my self up more,
this company has a long track record of doing people dirty. a guy im in there with was stabbed by a drunk trainer, and they gave him 20 cash for his meds, sat him in light duty and never filed a report or put in for workers comp despite the nerve damage from being stabbed thru the hand! this is the kind of stuff they do daily. they went from 400k paid out in 2018 to 125k in 2019, what does that say??
Another example has to do with me, I got an infection in my leg, and they said it couldnt happen there because the bacteria filled pool i was required to work in that consist of cow blood, vomit and feces knee deep is watered down, and it coulnt have been from that despite the fact i emptied my boot to show them what was in there. they said i didnt report the injury when i got athletes foot the second week from that job. the truth is i went in, asked them to treat it, i thought i was reporting it, but they said since i didnt ask to officially report it it doesnt count even if it was the saftey manager was the one who treated me. Now they are starting to mark me for every little thing trying to get rid of me while my workers comp is pending, and it seems like they are trying to find reasons to fire my wife. the lawyer wants a lot of money but it is worth it i wish someone would go in an expose this place.
so i guess my questions are this. are we able to miss due to pain or complications from our work related injuries and not get fired
if they cant find a place to put me if i give up my spot for my wife can they fire me? i know i need just a couple more weeks of real rest. i feel it, i justfeel like they have it out for us now. also is it illegale to deny light duty workers OT? an last what can this lawyer do for us? We have the contract here, i just dont know if its worth it to sign it. the 400 an hour is 200 for me 200 for her.