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Need Work Comp Help ASAP

CapsdadCapsdad Posts: 92
edited 10/25/2013 - 5:53 AM in Health Insurance Issues
Sorry if this is in the wrong spot. Not sure where to put it. My lawyer is away this week and I have a new work comp rep as of last week and I've left three messages for her with no return call. I've been on work comp for 14 months. I'm still only supposed to lift 10 lbs and I'm facing more surgery. I did heavy manual labor. My employer just called me and said as of today there won't be a job for me to return to and I have no benefits. How does this impact my work comp payments or a possibility of a settlement?
Left side MicroD l5-s1 2/7/13. Re herniated immediately
Revision bilateral MicroD and posterior lumbar decompression 9/9/13. Failed. L5-S1 fusion on 3/6/14.


  • EMS GuyEEMS Guy Posts: 916
    edited 10/27/2013 - 3:35 PM
    I'm sorry you've been put in this situation. Here are a few things to consider; first, make your employer put it in writing that you have been terminated. They can call it what they want, but you've been terminated. Immediately file for unemployment so you can have some source of income. Also, your WC company has more than just one person. Call the main office and explain what's going on. You lawyer will do what he/she can, but sometimes we have to be aggressive with these matters ourselves.

    I don't believe WC will cut you off until there is a settlement. Even then, depending on your settlement WC may cover you for life. It all depends on what state your in and how their WC laws are written. I know in California WC patients don't get near the treatment I do in KY. If you cant get in touch with your lawyer, perhaps you can call the Dept. of Labor in your state and speak with their Workers comp folks.


    Several Epidurals, L4-S1 360 ALIF, Numerous Facet Joint Injections, RFA x2
  • I get work comp payments so I can't file for ue. I'm in PA and from what I understand we have to worst work comp laws as far as the patient goes
    Left side MicroD l5-s1 2/7/13. Re herniated immediately
    Revision bilateral MicroD and posterior lumbar decompression 9/9/13. Failed. L5-S1 fusion on 3/6/14.
  • I'd call the State Dept. of Labor and clarify the rules about unemployment insurance. You may not be able to claim right now due to getting WC payments, but once they cut you off and do a settlement, you will not be drawing a "paycheck" There is a difference between a WC settlement and receiving a UI check. Make sure you keep your lawyer up to date with everything going on.

    I'm sorry they are messing with you like this!

    Several Epidurals, L4-S1 360 ALIF, Numerous Facet Joint Injections, RFA x2
  • I know here in Alabama if you're injured and can't work, you're not eligible for unemployment. When I had knee surgery back in 2009 my employer let me go because I had emergency surgery & I couldn't work or walk for the following 12 - 16 weeks (didn't matter that I tore my quadriceps muscle off the bone) they said that since I couldn't do my job when they needed me - they didn't need me. So I filed for unemployment and was told by the state that since I was injured I didn't qualify for it. They said that because I couldn't perform the duty for which I was trained, I was not eligible for benefits but if I wanted to wait 12 months, I could file for disability. I told them that I wasn't filing because I was injured, I was filing because I was terminated and I was then told that it didn't matter - I was injured and that made me ineligible for the benefits......

    Alabama is a messed up state for that kind of thing. Also, here in Alabama, an employer can terminate an individual for any reason at any time and they don't have to give a reason (even if the individual is under workman's comp). They can come in and hand you your walking papers and not say a word to you nor give a reason. I found that out when I was injured also, so, needless to say, I'm real careful about surgeries and the like.

    Hope things get better with you.
    5 MRIs since 2010 | Severe DDD throughout entire Lumbar Region | Facet Arthrosis throughout | Spinal Canal Stenosis | Herniation L4/L5 | Broad - Based Bulging L1/L2, L2/3, L3/L4 - but still kicking - just not very high. :)
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