Got Injured then got Fired!

[Capt Nemo]

What is the name of your state? FLorida

Ok about 2 weeks ago I was moving a fence that had gotton blown over with the help of a co-worker, I must have injured myself in the process of moving that fence. At that time I felt like I pulled something but it did not hurt that bad .. the next morining I woke up in Extreme pain and went to the DR. he had prescribed meds and back to work I went.. The same thing happend the next morning when I woke.. I went back to the Dr. this time he had ordered some MRIs to see exactly what it was, the diagnosis was not good a ruptured disc in my neck that needed to have surgery on it to repear it. During this time I had given my employer all the Dr notes and information, after informing them of needing surgery they wrote me a note and released me from my position taking away all my benifits and healthcare along with it.

CAN THEY DO THAT?

Ive been working for the same Location (im a Maitenance Tech) for the past 3 years during that time it had exchanged OWNERS 3 times. It was just taken over by another company just last month, they grandfathered me into their healthcare so I did not have to wait the 90 day probation period since I have been working there already. At this time I am trying to claim a workmans comp claim against the company. They also told me im not eligable for the FMLA since I have not been with that company for 12 consecutive months. I dont understand how I can be grandfathered in on one thing and not the rest. Does the past 3 years of employment not count? At this time they are making me move out of the Apt (since I no longer work for the company) and of course my healthcare will be gone with it. So pretty much I got injured on the job and didnt know it and they fired me. Can they do that? Can I still file a workmans comp claim? This only happened like 2 weeks ago. What are my options?

 

[shartla1]

Greetings CaptNemo from a fellow Floridian. I can relate to your situation. I was injured in 1990 and the company fired me via a letter in the mail. I found out that private companies can pretty much do as they please as long as they don't use a work comp injury as the specific reason for firing. I'm sure someone here can help with the question about whether it is too late for you to file a work comp claim. Regarding your health care benefits, you should receive a letter (within 45 days I think) giving you the option of continuing your health insurance yourself under Cobra.
I've been out of work after another injury at a different company and I know how tough it is. I wish you the best.

 

[BlondiePB]

Hopefully, Beth3 and/or cbg will come along and address the insurance, cobra, FMLA, and add any other needed information.

It is unlawful to be fired for filing a w/c claim. It is typical to be injured on the job and then be out of the job. You stated that you didn't know you were injured on the job, but you want to file a w/c claim. So were you or weren't you?

The w/c system in FL has gone from bad to worse. Regardless of how you proceed, you need medical coverage and should be offered Cobra, and you need to keep it because w/c will only cover care for the injury - nothing else. And, once you file a w/c claim for the injury, no other insurance will accept you for the w/c injury. You will have to be treated by the w/c carrier's physicians.

You will find w/c statutes (Chpt. 440) for FL at www.flsenate.gov/statutes

I highly recommend you talk with some w/c attorneys. Find one that does w/c only.

 

[Capt Nemo]

I can only conclude that I was injured on the job, moving that heavy fence. Since I just started working with the new owners I did not want to make a case out of it and I had my own insurance, but it seems i dont have a choice but to.. pretty much I did not want to piss off my new employer by claiming workmans comp. Now im not sure what to do... Do I file with W/C and go see there DR or just pay the cobra and go to mine? Will I get the same treatment?
The Neurosurgeon already concluded I needed surgery to repear it. I have not scheduled the surgery yet as I have to get a root canal done on my tooth, and they said there would be a chance of infection in the surgery area if I did not get the root canal done first.

 

[nykkchic]

i got hurt and got fired too at walmart!

hi! i completly understand what you are going through! I had a shelf fall on my ankle and fracture it while working at walmart. There doctors wanted me to put my boot back on and walk right out of the er. I had crutches when i needed to get out of the wheel chair when i was brought in and fought with them to keep the crutches. called walmarts ins. and went to a different doctor, after 2 weeks of major pain, this idiots started physical therapy with no x-rays after i told them how much pain i was in. the third week they put me on almost full work duty, and no crutches, everyone was telling me i had a fracture from what the pain i was describing was, i was walking when i got horrible pain and decided to go to my own doctor, sure enough i had a fracture. my doc. took me off work and then i had to fight with walmart about physcial therapy which they eventually cancelled all medical insurance, my doctor wouldnt release me back to work and walmart fired me. I have had a almost 3 year lawsuit with these people, i am still on and off crutches from the nerve damage that i was left. Too much walking or cold weather, im in an air cast, using ice packs and am on crutches with swelling causing a sprain again. I am being sued by a doctor over a $140 unpaid medical bill because i havent worked in 3 years(other then selling on ebay). That bill has now turned into a $350 bill. thats not even mentioning all of the other bills i have had because of this ankle injury. nykk

 

[Lorane]

I don't know the laws in Florida. A friend of mine was injured on the job and retained a w/c attorney. She does not have to pay him until they settle. You definitely need to retain a w/c attorney. My sister has had two surgeries and has been to court twice. It has been almost two years and nothing has been settled, including her medical treatment. She has been to at least 5 different doctors. The company has not fired her but is walking on pins and needles. The company made her return to work after two days off. The type of injury she has, people are off of work for 6 to 8 weeks after surgery. By the way, most physicians will not take workman's comp cases. The attorney will let you know which physician you need to see.

The government should step in and change the laws on workmans comp. The way they stand now the people are not protected. Two years with partial pay mounting bills is not to anyone's advantage. As with any injury, involving insurance of someone else, you are put in a situtation where your finances become extremely strapped. This is done so that one will settle for less money. It is called settling under duress. I wish you the best of luck and try to have a nice Thanksgiving.