Way ot, wife was injured on the job?
johnny1976
Posts: 440 ✭
Hi all,
Sorry for the way off topic question, but here it goes. My wife suffered a concussion while at work and has been out of work for 4 months now. She has been getting better but still can't focus and gets bad migraines when she looks at our tv or computer for long periods of time. She has seen many doctors and they have all told her to stay home and get rest. Now she can finally get to go to work for 2 hours a day, but the place she was working at isn't "open" anymore and she will have to drive at least another 45 mins longer to get to another work location. She doesn't want to do this and we don't think its fair that in order for her to return to work this is what she will have to do.
Anybody have any experience with this sort of thing? What if anything could we do?
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Comments
I would suggest looking for work that will accomodate her unless she works in a specialized field, that info would be beneficial to provide help. If it is not a specialized position, I'm sure you will have to relocate dependent on who brings home the bacon per se, or search for a closer job.
Workers compensation forum
could be time to talk to a lawyer, depending on the state the process can be a nightmare
hope this helps
Ben
Regards,
kgv
There's workman's comp which I don't know if was collected or not, but would assume yes. Is the company completely out of business or just that location?
If they are in business I suggest you get a lawyer. There may be compensation that is owed, pain, suffering etc. But I don't know all the details. A good lawyer will get 25 to 30 percent, anymore is too high IMO.
There is also the disibility route, but again don't know all the details. If she is able to work a bit, get that resume out there.
I hope all goes well in your family. Feel free to PM me if you need to talk. I wish you happy resolution.
"Live everyday, don't throw it away"
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<< <i>Seek legal representation immediately. You cannot rely on the benevolence or the whims of her employer to make things right (and it sounds like they won't anyway). A reputable lawyer will take on your case with no fees up front. >>
That.
Only an idiot would have a message board signature.
Sorry to hear Johhny, glad she is getting better.
I hope your wife gets well soon. Your family will be in my prayers...
Ask around, friends, family and such...and the chances are good someone can recommend an attorney you can trust and will do the necessary work for you.
JK
Not sure what advice I have for this other than none.
Sorry to hear about your troubles.
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Ralph
In order to qualify for workers’ compensation payments, an injured employee must have a doctor's statement for time off from work. Workers’ compensation payments are not required to be paid for the first seven days of missed work. However, payments begin with the eighth missed workday. If the employee continues to miss time from work through fourteen missed workdays, the original seven-day waiting period will be paid and the employee will be due benefits retroactive to the first day of missed work.
Frankly, after the thread runs its course or sooner, you may want to delete your opening post and any other posts of yours - it's your call.
And yes, as it has already been stated...get a good attorney now. In fact the attorney can also assist you with recommending and finding a doctor who practises with this specific type of injury. I've had some friends go through similar stuff as this with traffic accidents...the doctor care and lawyers fees were all free...they generally work on a contingency basis...usually they get around 33% to 40% of the settlement, and the money you receive is tax free. But I'm not sure how Workman's Comp operates...again...get the attorney.
"You need to elaborate on what "open" anymore means. It sounds like you're suggesting discriminatory behavoir by putting that word in quotes. But if the business truly closed that location you really have no argument."
Here is what happened. She is a bank manager. The bank she works at took over another bank and she was asked to move to this new branch that was taken over. This is where she got hurt and in the mean time they brought in another manager to cover for my wife. The branch is still in business and open but the position that was my wifes before she got injured is not "open" anymore. So really what they are saying is this manager that was covering is now the manager there and my wife will have to move to this different branch an extra 45 mins to an hour away. The thing that doesn't make sense is that this manager that is now at my wifes old branch lives by the branch my wife will have to work at.
<< <i>When the treating physician takes an employee off work due to a work related injury, the workers' compensation insurance carrier may be required to make temporary total disability benefit payments to the injured employee. The first payment is due within fifteen days of the employer’s knowledge of the injury and benefits should be paid at least semi-monthly.
In order to qualify for workers’ compensation payments, an injured employee must have a doctor's statement for time off from work. Workers’ compensation payments are not required to be paid for the first seven days of missed work. However, payments begin with the eighth missed workday. If the employee continues to miss time from work through fourteen missed workdays, the original seven-day waiting period will be paid and the employee will be due benefits retroactive to the first day of missed work. >>
Every state waiting period is different. In CT the wait period is three days and every state has different laws concerning workers comp. You can go after a lawyer but it will cost you some money. The employer should of given you workers comp forms with information on it concerning the state workers compensation commissioner. I would call the commissioner's office up to set up an informal hearing. After you explain everything to them they will determine if what is happening is fair. This will not cost you any money out of pocket. Also since her doctor let her come back to work with job restrictions you should ask him if she would be able to drive 45 minutes each day to work. He might not want her to do that. If that is the case she can stay out of work until she is able to do that. You don't want her blacking out during the commute. You best is to call the workers comp commikssioner and remember that each state's laws are different. She can also talk to the employer. Most of us are very accomodating to work related injuries. I have been managing workers comp stuff for over 15 years.
Everybody thank you for the well wishes. Workmans comp is doing what it is suposed to do, however the problem is with her work relocating her against her wishes.
<< <i>however the problem is with her work relocating her against her wishes. >>
There's really nothing you can do about this (short of finding a more local job); the employer is going to place staff at their discretion. This may be a stretch but your wife could talk to the local branch manager and ask if they were interested in a swap. If so, they could propose the change to management for approval. All I can say is complaining about your commute as your primary reason for change isn't going to impress management. People need to relocate for work all the time; it's life. Think of how many offices relocate which results in both shorter or longer commutes (I've been in this boat myself before).
Johnny, it's obviously not a good situation for your wife, but could you please actually elaborate on the employer? Is this a chain store that has closed the former location of her work and is offering her work at a different, not convenient place for her?
The place she got injured at is still up and running, nothing has closed.
<< <i>Has she received a valid reason why she's not allowed back to her previous location of work? Sounds like you have something there if there is no validity to making her drive to a separate location. >>
Not much you can do if they want to relocate you, it really is whether they had an express mobility clause in her terms of employment (even then there is sometimes no case).
Did the employer notify you of the move and the reasons why?
The refusal to accept the express mobility clause (if there is one), can be filed as misconduct... But obviously your case is different than others (concussion on the job)
Every case is different, and as others said earlier you should seek proper legal advice from a lawyer and not from this board, 99% of reputable lawyers offer free consultations.