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anyone familular w/ workers comp?
    #8278903 -

i sustained a knee injury over the course of 2 years
from repetitious heavy lifting & (at my job)
that resulted in me having to get knee surgery.

some of the expenses were covered by my
'personal' insurance company,
but still i'm left with 15-20k in medical bills.


i was pressured to cut my recovery time
short (from my bosses)
thinking i would lose my job position
if i didn't. (they made it seem so)

i went to my doctor,
told him that i wanted to go back to work,
he wrote me a '2 week modified duty' sli (no heavy lifting)
and that after the 2 weeks i would be clear
& free to work as usual. (100% bill of health)
however, told me if it was too soon,
i could go back & see him to re access the
situation. ( i can still go back anytime )

i worked 1 day that month & i personally
determined it was too soon to go back due
to too much pain. (did not go back to the
doc)
(at this point i was still not scheduled
for work,
i was covering for a sick empolyee that
day)

this also cut my disability benefits off
on march 15th.
so i've been out of work & broke since then.

the reason i didn't originally file workers
comp was out of fear of losing my job &
also, because my bosses gave me the assumption/led me to believe that this
injury wasn't a workers comp case.

now fast forward till this week.
i worked monday & tuesday, got through my
shifts just fine,
however, i still limp around, im still in
pain, (its obvious im not 100% better)

i worked friday night, i got into an ugly
verbal altercation with my manager (Bud) where he personally attacked my disability.
(was not professional at all)

i got a call from my main boss (Drew) the
next day to find out what happened,
told him the situation.
he told me he would talk to the manager in question (Bud) & also the owner of the business.
that i am to come in on monday night
dressed to work, but will find out if i lose my job or not. (over this altercation)


lastnight, i visited the x-manager that
used to work there (Scott),
Scott was there for the 2 years i've had this inury,
he's well aware of my injury in this time,
also aware of how Bud does not like me.

Scott advised me to file workers comp
immediately on monday morning
before i am determined if i still work
there on monday night,
to cover the 15-20k in medical bills i now owe.

i believe if i do file, shit is going to
hit the fan with the owner of the company,
whether i still work there or not.

im under the assumption that in either
situation, im going to lose my job.
i love working there, the pay is great &
the hours are very flexible.
i've worked there since 2002, & at this
point i have to make these
ultimatums that will ruin my employment there.

also,
when i was on medical leave, i would drop by my employment
to let my bosses know of my progress,
everytime i went in there, Bud would verbally insult my disability
as well as physically mock my limping,
while laughing as he walked away.
i did not find this funny. that fuckface
has no clue what the fuck i've been thru
these passed 2-3 months. & with this
altercation on friday night,
where he personally attacked my disability,
i am questioning
if i have a valid discrimination lawsuit.

Scott believes i do, after explaining
what happened in this altercation between Bud,
saying Bud is creating a hostile work environment)

anyway, thats the story.
i am looking for any advice you can give me,
whether it would be wise to file workers comp tomorrow morning or not,
in the face of losing my job anyway)
whether i should seek a discrimination lawsuit, etc.
and if they dont fire me, but i still file,
will they find any reason to fire me?

ANY advice you can give me of the situation would be much appreciated.


--------------------
:pacman: - - - -  :pill: :mushroom2: :pill2: :mushroom2: :regularshroom: :mushroomgrow: :pill: :pill2: :mushroom2: :poison:

:sun::heart::sun:

tiny_rabid_birds said:
"your avatar is dirty."

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Re: anyone familular w/ workers comp? [Re: 40oz]
    #8278904 -

sue dem bitchs!


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Re: anyone familular w/ workers comp? [Re: 40oz]
    #8278940 -

The discrimination thing might be reaching but I think you definitely can/should file for workers comp. You hurt yourself on the job so you can't work and are broke b/c of it. Sounds like workers comp to me. If you are gonna get fired anyway why not?


--------------------
"And we, inhabitants of the great coral of the Cosmos, believe the atom (which still we cannot see) to be full matter, whereas, it too, like everything else, is but an embroidery of voids in the Void, and we give the name of being, dense and even eternal, to that dance of inconsistencies, that infinite extension that is identified with absolute Nothingness and that spins from its own non-being the illusion of everything."

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Re: anyone familular w/ workers comp? [Re: 40oz]
    #8278968 -

They may drug test you...


--------------------
:Awesketch:

:cool: Fair is Fair :devil:

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Re: anyone familular w/ workers comp? [Re: Brainiac]
    #8279001 -

Brainiac said:
They may drug test you...


^^^ Very True ^^^

But I would file anyway. You CANNOT legally be fired for filing a workmans comp claim. Your Employer might try to fire you for the altercation but if that happens you might be able to file for unemployment and STILL get the workmans comp!!


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SPAWN CALCULATOR!

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Re: anyone familular w/ workers comp? [Re: Bubba McMushies]
    #8279019 -

I'm disable, I haven't been drug tested.(Good luck with all the pain meds I'm on).But they do it with workers comp...Any way the company can out of paying they will...


--------------------
:Awesketch:

:cool: Fair is Fair :devil:

Edited by Brainiac (04/13/08 07:17 PM)

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Re: anyone familular w/ workers comp? [Re: 40oz]
    #8279213 -

I'm slightly familiar with workers comp. So you think your bosses will fire you for filing workers comp because it will increase their premiums? That seems illegal. It's definitely not right for them to suggest that they would fire you because you filed. I can't believe that they did that. Does this company have an HR department on site? Talk to them about it. I think if you're talking lawsuit, you have a much better case with this workers comp thing if you think you can prove that they bullied you into not filing.

I don't think you have any case with the harassment from Bud situation. He was being unprofessional but you can't get any money from the company for that.









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--------------------------------


Mp3 of the month: Wild Things- Another Colored Ink Drawing (A.C.I.D.)


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Re: anyone familular w/ workers comp? [Re: 40oz]
    #8279229 -

the altercation became an altercation when he personally attacked my disability.

after my telephone coversation with the boss  (Drew),
i am starting to think that they're thinking i have the upperhand in the situation & that now i'm a liability
so they are trying to find a legitate claim to fire me.


--------------------
:pacman: - - - -  :pill: :mushroom2: :pill2: :mushroom2: :regularshroom: :mushroomgrow: :pill: :pill2: :mushroom2: :poison:

:sun::heart::sun:

tiny_rabid_birds said:
"your avatar is dirty."

Edited by 40oz (02/03/11 03:58 PM)

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Re: anyone familular w/ workers comp? [Re: 40oz]
    #8279274 -

I believe that you'll probably pass the piss test if that's all the pot you've smoked in 3 months. Start drinking more water than normal. I don't know if they can piss test you on the spot, but you can't refuse it. Yes, you get fucked out of your workers comp if you refuse to piss or even if you piss dirty.

If you think that they're going to look for a reason to fire you, don't give them one.








--------------------
--------------------------------


Mp3 of the month: Wild Things- Another Colored Ink Drawing (A.C.I.D.)


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Re: anyone familular w/ workers comp? [Re: Learyfan]
    #8279276 -

Learyfan said:
I'm slightly familiar with workers comp. So you think your bosses will fire you for filing workers comp because it will increase their premiums? That seems illegal. It's definitely not right for them to suggest that they would fire you because you filed. I can't believe that they did that. Does this company have an HR department on site? Talk to them about it. I think if you're talking lawsuit, you have a much better case with this workers comp thing if you think you can prove that they bullied you into not filing.

I don't think you have any case with the harassment from Bud situation. He was being unprofessional but you can't get any money from the company for that.




basically yeah,
i wasnt going to file workers comp because i was assured that i would have job security.
now that i dont have job security,
i may be out of my job as well as 15-20k
in the hole because of the job.
so i've been advised to file workers comp
before they fire me (or not) just in case...


--------------------
:pacman: - - - -  :pill: :mushroom2: :pill2: :mushroom2: :regularshroom: :mushroomgrow: :pill: :pill2: :mushroom2: :poison:

:sun::heart::sun:

tiny_rabid_birds said:
"your avatar is dirty."

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Re: anyone familular w/ workers comp? [Re: 40oz]
    #8279286 -

40oz said:
you guys have a good point,
if i file monday morning,
im afraid their insurance company will
notify them before i get to work on monday night.
can they piss test me on-the-spot at work?
(do i have any right to refuse an on-the-spot pisss test?)

the only thing i've done was smoke pot
& the prescribed vicodin.

i've smoked about a gram total of pot
in the passed 2-3 months, last use being wednesday.

if i test positive for pot, will
workers comp be denied?

the altercation became an altercation when he personally attacked my disability.

after my telephone coversation with the boss (Drew),
i am starting to think that they're thinking i have the upperhand in the situation & that now i'm a liability
so they are trying to find a legitate claim to fire me.
i think the only thing that can do that is piss test...


Testing positive for pot wont necessarily deny your claim, but it sure as shit wont help.

Also you can fight them if they deny you just because of the test since the injury occured over the course of 2 years. Not just a "oops, I stuck my hand in the fryer" type of thing.


--------------------
SPAWN CALCULATOR!

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Re: anyone familular w/ workers comp? [Re: 40oz]
    #8279290 -

And if you fail a piss test that relieves them of any responsibility/liability?


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https://www.gofundme.com/f/support-for-renee-goods-wife-and-son

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Re: anyone familular w/ workers comp? [Re: 40oz]
    #8279292 -

Generally speaking, an injury which is caused from drug or alcohol intoxication is not compensable. Drug or alcohol intoxication at the time of injury does not necessarily mean that there is a complete bar to recovery. It must be proven that the intoxication basically caused the injury.
http://www.workerscompensation.com/regulations/reference/category.php?state=california&category=EE


--------------------
:Awesketch:

:cool: Fair is Fair :devil:

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Re: anyone familular w/ workers comp? [Re: Brainiac]
    #8279309 -

Good one brainiac!!!


--------------------
SPAWN CALCULATOR!

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Re: anyone familular w/ workers comp? [Re: 40oz]
    #8279313 -

that sucks ass dude...

definitely file the claim. and im pretty sure they will test. the only time ive ever had to deal with workmans comp was when i cut my hand at a construction job. they made me go get stitches... i didnt think i needed them, but they made me go. the doc ended upo laughing as he put in one single stitch. hes like, there ya go... now pee in this cup. i said no and walked out of there, lost the job of coarse. and got stuck with the bill, but it was no where near the thousands you got going on.

find a way to pass... use that synthetic urine or some shit if you think you wont pass.


--------------------
how's your WOW?





  Edited by yageman (04/20/06 4:20 PM) 

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Re: anyone familular w/ workers comp? [Re: Learyfan]
    #8279314 -

Learyfan said:
I believe that you'll probably pass the piss test if that's all the pot you've smoked in 3 months. Start drinking more water than normal. I don't know if they can piss test you on the spot, but you can't refuse it. Yes, you get fucked out of your workers comp if you refuse to piss or even if you piss dirty.

If you think that they're going to look for a reason to fire you, don't give them one.




okay. sounds good.
this is all speculative,
but what are the chances that when i file
on Monday, that the insurance company
will notify my workplace on the same day that i have filed. thus resulting in an
on the spot same day piss test?
i am pretty confident that they dont have
an on-the-spot piss test contraption at my work. so they would probably have to send me somewhere?

i work at 4:45pm.
maybe i should file an hour before i walk in there? thus giving them no time to arrange an on-the-spot piss test?
and i'd assume most 3rd-party piss test places arent open passed 5?


--------------------
:pacman: - - - -  :pill: :mushroom2: :pill2: :mushroom2: :regularshroom: :mushroomgrow: :pill: :pill2: :mushroom2: :poison:

:sun::heart::sun:

tiny_rabid_birds said:
"your avatar is dirty."

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Re: anyone familular w/ workers comp? [Re: 40oz]
    #8279331 -

...


--------------------
:pacman: - - - -  :pill: :mushroom2: :pill2: :mushroom2: :regularshroom: :mushroomgrow: :pill: :pill2: :mushroom2: :poison:

:sun::heart::sun:

tiny_rabid_birds said:
"your avatar is dirty."

Edited by 40oz (02/03/11 04:00 PM)

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Re: anyone familular w/ workers comp? [Re: 40oz]
    #8279379 -

I still don't understand why you didn't file workers comp as soon as you had surgery. How did you get the idea that they'd fire you for that?

It doesn't sound like you'll fail the drug test. You're not a "chronic" smoker.








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--------------------------------


Mp3 of the month: Wild Things- Another Colored Ink Drawing (A.C.I.D.)


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Re: anyone familular w/ workers comp? [Re: Learyfan]
    #8279385 -

I would say talk to a lawyer.They will tell more about it....


--------------------
:Awesketch:

:cool: Fair is Fair :devil:

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Re: anyone familular w/ workers comp? [Re: Learyfan]
    #8279397 -

i dont know, they get some pretty good chronic shit over there in cali...

he might be a chronic smoker :smirk:


--------------------
how's your WOW?





  Edited by yageman (04/20/06 4:20 PM) 

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