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WC At what point do you get an Atty?

AnonymousUserAAnonymousUser Posts: 49,731
edited 06/11/2012 - 8:26 AM in Health Insurance Issues
I'm on my second WC claim in 2 years. Same employer. The first one another employee dropped a heavy box on my head causing my first surgery - fusion at C5-6. The second I was asked by my supervisor to fill in for another employee who called off, so I tried to do 2 shifts of heavy lifting and bending in 12 hours. Now I have herniated disks and other issues L5-2, and am looking at a Microdissection surgery in the next month. So far the WC Ins company is paying. My question applies to the employer. In this economy my employer is cutting back severely, and not refilling emptying positions. They are asking people to take unpaid leaves to save money. My position is one of the highest paid tech positions, and even though I don't think they want to get rid of me, they may do it anyway. My FMLA runs out Feb 15th, so I have no job protection after that. I am still waiting on approval on the surgery. I have told the Ins comp. and my MD about my FMLA problems.
Any ideas on when it would be advisable to get an Attorney considering the loss of my job? Can I sue my employer if they let me go due to loss of FMLA? I have been in my career for 30 years now, and have only ever had glowing reviews. This employer has promoted me since hiring me, and I have never given them a reason to fire me. I don't really want to get one if I don't have to, as I want to go back to work. I am in Nevada and want to know what my options are. Thanks for your help in advance!
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Comments

  • This actually, would not hurt to talk to an attorney, beings that most offer a free consultation. Good luck! :)
  • have Attys (ambulance chasers) just itchy to get their hands on WC claims. Call around now before any layoffs to see what they can tell you too look for and what records to get or keep. Good luck!
  • If your company is cutting back,It's a strong chance that y you may get laid off. Here in Florida it's ok as long as it's a company wide cut back. Which is what happen to me. I went to an attorney and they told me there was nothing they can do. Florida is a right to work state. Employers here do not need a reason to fire you.
    Maybe it will be different in nevada.

    Good Luck!
  • so I guess I don't have much of a chance if I am out past my FMLA and a 30 day leave of absence. I have till March 17th. So far I am still waititng to get the surgery approved by the insurance company. I called them today and they said they have not gotten a request from the MD's office! I called the MD office yesterday and they said they had faxed it to the insurance company already! X( Go figure. I told them all about my need to get back to work in a timely fashion.
    How did your dissectomy go? It looks like from your list of conditions that it only lasted 2 years before you had to have the fusion. Did you have a heavy lifting job? Do you have disability now? I don't feel disabled and could go back to light duty, but I know I cannot lift 50 pounds or bend constantly for 10 hours, so my doc says no. :S I guess I'll work out whatever happens!
  • Since your injuries are work related and you are currently on WC, I would call an attorney right away. There are attorneys who give free consults and take cases contingent upon winning the case. It sure would not hurt and in situations like this legal advice is your best answer. I too, do not understand why the FMLA is coming into play if you are on WC. I thought a company could not get rid of you if you are injured at work and on WC. Good luck to you and keep us posted.
    Jan
  • I too was injured at work, was laid off as company was down-sizing, is it legal? YES. But here in CA workers comp, pays 2/3 of monthly income for 104 weeks, tax fee or until you return to work within the 104 weeks. If you are not sure of what your rights are then yes get an atty. fast.
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