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Layoffs, Unemployment and Worker's Compensation For discussion of any topic related to one's employment and unemployment, worker's compensation, and job. |
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#1 | ||
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I have been injured at work and am getting concerned I may be terminated.
I have worked for this company for over a decade. Every employee out more than 180 days has been terminated. I believe this is allowed by law in the state I live in. If someone could tell me if I get terminated do my WC benefits end? Yes I got an atty. Shortly after my injury my employer got pushy about trying to get me back to work. Questioned the neuros work restriction and if I really felt that bad.
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49, Male Married, PCS since June 2012, headaches, Back pain, neck pain, attention deficit, concentration deficit, processing speed deficit, verbal memory deficit, PTSD, fatigue, tinutitus, tremors. To see the divine in the moment. |
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#2 | |||
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Quote:
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We live in a rainbow of chaos. ~Paul Cezanne . |
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#3 | ||
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I mentioned it and the reply was do I have short term or long term disability. I guess that answers my question in a indirect way. I had to go to work and arrange for my health insurance to be paid. When I asked the HR person if it was company policy to terminate at 180 days I got a evasive answer. I think it is BS but the law is the law and I am taking 1 day at a time.
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49, Male Married, PCS since June 2012, headaches, Back pain, neck pain, attention deficit, concentration deficit, processing speed deficit, verbal memory deficit, PTSD, fatigue, tinutitus, tremors. To see the divine in the moment. |
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#4 | |||
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Co-Administrator
Community Support Team
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[If someone could tell me if I get terminated do my WC benefits end? ]
Generally not, I think once a claim is opened it does not matter if you are still employed or not. *Unless you get fired for a reason and the claim was found to be fraudulent. Every state's wc rules are different. I suppose some of it depends on the employer size, and their rules too.
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Search the NeuroTalk forums - . |
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#5 | ||
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About 3000 workers.
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49, Male Married, PCS since June 2012, headaches, Back pain, neck pain, attention deficit, concentration deficit, processing speed deficit, verbal memory deficit, PTSD, fatigue, tinutitus, tremors. To see the divine in the moment. |
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#6 | ||
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Member
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Hey.. I believe as long as your injury is valid and work related, and ongoing your benefits will continue. as far as your job .. i only really know NY comp guide lines for that. and even then there are many levels in which your job can press the matter. I suggest if you are not getting straight and clear answers try calling the State Workers Compensation Board. the number would be on any hearing paper work you have received. Also I know here in NY after a certain amount of time we must apply for state disability. as well as medicare and medicaid.. it would probably be best to find out what is expected of you .. good luck
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"Thanks for this!" says: | rmschaver (08-07-2012) |
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#7 | ||
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Junior Member
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I had the same questions. I and after 35yrs working for the same healthcare system, I was terminated. I was used the 90 WC leave, then applied for a personal LOA (which could be granted or not and my job could be filled ay any time during this LOA) and was given a 180 day. In the midst of all this I applied for accommodations with the ADA...and was denied by my former employer. When the personal LOA expired I was terminated. My attorney explained yes, they can do this...,but they I still have an open WC case and my former employer is still responsible. He also said at some point they may want to settle. This is in Michigan..don't know if all states are the same.
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#8 | ||
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Possibly, I reside in VA. What I have been told is 12 weeks for FMLA. What ever that means. I just figure there is nothing I can do about it. I will cross that bridge if it comes. Still planning on getting back to work but I am at day 80. I still have a lot of unresolved symptoms and I am not really getting any answers.
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49, Male Married, PCS since June 2012, headaches, Back pain, neck pain, attention deficit, concentration deficit, processing speed deficit, verbal memory deficit, PTSD, fatigue, tinutitus, tremors. To see the divine in the moment. |
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#9 | ||
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Junior Member
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But you get along. Have too. I now have an attorney who is taking the matter seriously after 24 years. He thinks the company and the lawyer were in cahoots. If a Neuro says you can't work, take it seriously! Good luck.I am sorry I seem to be a naysayer but you need to know the true facts of what may happen. Not WILL, but MAY. Most employers aren't in the business to "help" an employee for any reason. they are in ![]() I would look at the number before I answer and not answer or discuss it with your employer. Malindak |
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#10 | ||
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Member
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Thank you, I have a lawyer and my wife also makes all the decisions with me. We will not sign or agree to anything without some serious thought. I already know and understand the interest of the company is not the same health interest of myself.
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49, Male Married, PCS since June 2012, headaches, Back pain, neck pain, attention deficit, concentration deficit, processing speed deficit, verbal memory deficit, PTSD, fatigue, tinutitus, tremors. To see the divine in the moment. |
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