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workers comp..

Discussion in 'The Lounge' started by peon, Sep 8, 2005.

  1. peon

    peon account delete

    it seems like i always get hurt or have something wrong with me... i was at work yesterday and had a 200# (EST.) pallet fall off of a forklift at work and hit me.. my arm is sore and my knee is really sore cant hardly walk on it... and they thought my jaw was broke but its just sore... the hostpital gave me 4 vicodin 500 mg... man those didnt last long!!!!! and to top that they told me i could goto work today.. good thing i have a boss that let me not work the rest of the week... went to the dentist today.. iv got a tooth thats bent back.. it cant be fixed without braces.. and i aint gettin them,,, and had 2 root canal's and have to get 4 more and 6 caps put on.... and my boss is acting mad and telling me that he is gonna have to fight workers comp??!! and i was suppost to be getting my managers job in a week or two.. i bet he trys to screw me now.. and it wasnt my fault... the guy i work with was driving with the forks too high and to fast.... and i get time off unpaid... what bull workers comp is... you have to be off 7 days to get paid for any time off and 14 days off to get paid for the first 7 days!!?!! :mad: oh well poo happens i guess.. i should just be happy to be alive !
     
  2. I feel your pain. I am a Safety Manager and see the other side of WC. It is frusterating for me when we have good employees that get hurt and have to fight the system. Then we have our slug employees who milk it. I wish I could help, but I still haven't figured it out. Good luck and hope you feel better.
     

  3. I know just what you are going through, back in 2000 I had a car slam into the van that I was driving. My Dr. did not take workers comp cases so I had to find another. He did not listen to what I told him was wrong. My back has been a problem ever sence, but he did not list it so there is no proof. I have some nasty scars on my arm and shoulder, van slid down the street, that hurts when it gets to cold or hot. I got tired of fighting with them and got a attorney.
     
  4. crankus_maximus

    crankus_maximus Crankus Baitus Maximus

    My MIL will be suing Workers Comp shortly. Her classroom is full of the mold that is very nasty. She's been fighting them for 2 years and just finally started with her attorney. Can you say Erin Brokovich?
     
  5. DaleM

    DaleM Original OGF Staff Member

    From past expearence and retiring on a full disability. get yourself a good workmans comp lawyer. Mine is worth his weight in Gold! After 14 years of retirement I'm still getting my bills paid and drew my last comp. check last Feb. after 14 years.
     
  6. freyedknot

    freyedknot useless poster

    don,t go by what the boss tells you . he's not looking out for you. get your own doctor,and atleast consult a lawyer. your knee may give you problems for a long time. dont let the lawyer send you to a cracklepracter, see a real doctor for your care. protect yourself .no one else will take care of your family or you.
     
  7. TimJC

    TimJC Carp Angler

    I sprained my ankle at work on sunday and the hospital put me on work restrictions (which I have ignored), and gave my 20 vicodin and 30 800mg IB. I have a useless followup tomorrow. Man did you get the shaft. The service I got was WAY overkill.
     
  8. peon

    peon account delete

    called work to see if i could pick my check up.. couldnt get ahold of my boss. the guys i work with said he doesnt see how root canals were from my accident.. he says its tooth decay... and that he is fighting my case.... i just called a lawyer... he aint gonna screw me.... my two front teeth are bent back cause of this accident and he doesnt think root canals are from that??!!! what bull...
     
  9. peon

    peon account delete

    just got back from the er... they never xrayed my shoulder so i went back cause it still hurt bad.. and i ended up with a faxured humorus bone in my shoulder!!! i got my pain meds now!!
     
  10. Fishpro

    Fishpro Northcoast Madman

    Wow! How did this accident happen? Did you report this accident to OSHA? What happened to the fork truck driver? Did he get wrote up, or sent home without pay for a couple of days without pay? There needs to be an investigation on this, and the first thing I would do is contact OSHA if your boss is giving you crap about it!! :mad:
     
  11. flathunter

    flathunter Mellons mentor

    Yes get ahold of OSHA pronto.
     
  12. There is absolutely no reason to get a hold of OSHA.

    Chances are they would not even come out to look at the situation. They will write a letter to your company asking for a copy of safe forklift operating procedures. Your company will respond and it will be over. OSHA isn't going to do anything to the driver, at worst they will come and inspect your workplace and hammer them with multiple fines which will subsequently be reduced.

    I am a safety officer also and I have to tell you, I would be asking a lot of questions about a root canal also.

    Here are some questions I would have:

    Was the driver trained per OSHA Forklift operator stds?
    Is the boss retaliating against you at work for your treatment?
    What kind of work do you do? Operating equipment while on vicodin is incredibly dangerous.
    If you were hurt on the 7th, and told you couldgo back to work on the 8th, why are you bitching about the 7 days of no pay?
    Did the doctor write you off to full duty or restricted duty?

    Some other general statements:

    If you decline certain treatment, do not follow Dr. recommendations etc. you are severely hampering any future chances of successful legal action.

    Talk with your adjuster, they are there to help you and while Ohio's system can be very cumbersome, they can be helpful if you give them the chance.
     
  13. peon

    peon account delete

    ONION....
    1.no one at my shop has ever signed any forklift papers or took a test.
    2.he is mad.
    3.im not working on vicodin.
    4.i was told to go back on the 8th but the hospital messed up and didnt xray my broken arm... i cant lift my arm lets see you work with one arm...
    5. they just wrote me off from work friday nite.

    fishpro...
    my boss says he is going to write him up.. thats it... and im getting wrote up also.. i guess i was standing to close... even though we have never been told anything about this fork lift...
     
  14. Fishpro

    Fishpro Northcoast Madman

    So, a couple of write-ups and life goes on....nice. You boss needs to seriously re-think your companys safety program. You are getting a write up for not being aware of your surroundings and the forklift driver, who has never beened trained properly, also gets wrote up, which isn't going to do anything to prevent this sort of thing from happening again! About the only thing I can say is, good luck, I hope you get better soon, its a shame this happened to you. :(
     
  15. Ok, now if you wanna cause waves here you go.

    OSHA requires "The employer shall ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l)."

    That is from 29 CFR 1910.178(l)(1)(i). The standard goes on to describe the training.

    You could call your local OSHA office and tell them exactly what happened. Explain to them that you are being disciplined for the accident and subsequent lost work time and restricted duty as well as having worker compensation costs questioned. If no one at your shop has forklift operator training (and it must be specific to the actual model and brand you are using) OSHA may be very interested to hear this.

    Before doing this be warned, your identity will remain anonymous officially. In reality your boss will know you are the one who called OSHA. It is illegal for them to punish you for calling OSHA but it happens.

    Secondly, OSHA may come and inspect your workplace and could cause very serious problems. They probably will not, however if they do an inspection they can very easily put a poorly managed shop out of business with fines.

    Finally, and do not take this as an attack, be sure that you do not intentionally or unintentionally mislead OSHA investigators. Do not embellish the story or lie. Lying to federal investigators is bad mm'kay.

    Without knowing what kind of work you do and how big the company is it is hard to speak intelligently but many companies offer light duty for injured employees. This may be an option you want to investigate. There are plenty of things I have for my light duty folks, from cleaning the shop to filing to answering the phone. I have even had light duty people in offices laying on cots and watching safety videos to avoid lost work time.

    I would be happy to help you out some more if you want to send me a p.m.
     
  16. freyedknot

    freyedknot useless poster

    if the load dropped the towmotor should not have lifted an unsteady /unsafe load. forget osha,they are baught in my opinion. wrist slap is about all they do.if you are really hurt,get a lawyer and your own doctor. not the one your employer sent you too. i smashed my finger like a grape and the co.doctor had me working light duty the next day on vicodin???? took 2 more days off and lost those 2 days pay.
     
  17. peon

    peon account delete

    it wasnt too heavy for the forklift.. i think the forks were scooted together to close and the metal basket didnt have a bottom to keep it from falling off the forks and it tipped over... and the basket is osha approved.. i know that question was comming...