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sicentird

Junior Member
What is the name of your state? Ohio

I posted a couple of months ago in regards to my husband. He was involved in a semi truck accident while hauling chickens to the processing plant. When he came a round a turn his trailer flipped over. The company has stated that it was thier fault becuase the leaf springs were broken and that caused the load to shift and the truck to roll over. The maintance of the trailers are the responsiblity of the company not the driver. The company has been accomidating with the the doctor bills and appointments.
The question is he is finally schedualed for surgery on September 5th and the company wants him to clock in the day after surgery and everyday from then on. He is having pretty extensive surgery on his shoulder and the doctor has said he is not to do anything for 4- 6 weeks following surgery. I asked him about clocking in and he said absolutly not, he is to stay home a recuperate for 4-6 weeks. When we told the company this they said he has to at least clock in for 10 mins a day and get payed for a full 8 hours. After a week or so he needs to come in and sit in the office for 8 hours. This is soley so they don't have a lost time accident. We are unsure who to follow. If we follow the doctor then no telling what the company will do, and if we follow the company this could affect the workers comp. Do we need an attorney? I also work for the same company and wonder if it will affect my job along with his.
Any advice or wisdom will be greatly appreciated. I have never dealt with workers comp and am not lawsuit happy. I just want his shoulder to get fixed and evething to work out. The doctors are also unsure of the total extent of the injuries. Will know more with the surgery.
Thank you in advance.
 


msiron

Member
You mean your husbands employer is paying him through this injury so your husband would not file for workers comp?
 

sicentird

Junior Member
msiron-
Yes the company has had him doing light duty. This consists of odd jobs that are just time fillers. He gets to work 40 hours a week and not a minute more. They also pay him for his time to go to all doctor visits. As long as it is in his 40 hours.
The surgery took place yesterday and the doctor did not include any restrictions so he can basically return to work today. He had a spur removed from under his rotator cuff, torn cartilidge repaired, some bone shaved down in the shoulder and his libral ligament repaired. He is in a lot of pain and the company is insisting he come into work and clock in for at least 10 mins tomarrow. I have heard about something called contingency pay(?) I am not sure what this exactly is but am told that this would pay him his 40 hours and not be considered as lost time for the company. The HR guy didn't even respond when I suggested this and asked about it. I was told that him clocking in would solve the whole problem.
I am just very confused because if he clocks in can't this affect the workers comp claim?
I am trying to contact the doctor for a list of restrictions but have had no luck as of yet. Anyone with a comment please post.
 

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