Injured at work with workman's comp paying medical bills and want to quit

[benharold1, BSN]

I need some advice from nurses who have been injured on the job and have workman's comp pay for medical bills. I fell at work 6 weeks ago and fractured my shoulder. My medical bills are being paid through workman's comp and I have been able to work "light-duty" on the days I am scheduled to work. I also am currently a prn nurse at this job. I did not apply for temporary disability so I am not receiving additional income from workman's comp. I attend physical therapy twice a week and still have stiffness and pain in my shoulder with some limited range of motion but seems to be gradually improving. My manager recently "counseled" me concerning an issue I had with another employee that happened 4 months ago. She put the "performance counseling" in my record that basically stated performance improving conditions and possibility of being terminated if I did not "improve my performance." She also stated that another nurse and pca stated I was "curt" with them. This was the first time I heard of these allegations. I was not told of the details or when this supposively happened. I was not reprimanded for my nursing care only my "attitude" towards other staff members. I feel that the main driver for this disciplinary action is my injury and feel very threatened. It seems as though my manager is attempting to fire me on the grounds of some sort unproven allegations. I really do not want to work for her anymore and feel very demoralized by her accusations toward me. I have worked with the company for over 15 years. I fear being fired. I really want to quit and look elsewhere for another job that is less physical and stressful. Has anyone had a similar incident and been on workman's comp? If I quit or am terminated will workman's comp bills for my medical care still have to be paid.( Ohio) I know I cannot start working another nursing job until my physician releases me to full duty. Thank you for any advice you can give.

[amoLucia]

I hate to say this but I think you're right. Sounds like a 'paper trail' has started.

I don't know anything much to help you and this sounds like your situation is likely to become rather complicated.

This may be the time to seek legal advice - somebody WELL versed in labor/workman's comp cases. And I would do so QUITE SOON. You need to know how to protect your interests.

Please take care of yourself and contact a lawyer.

Oh, and to add- absolutely & positively follow any & all directions given related to your injury/appts/folowup, etc. Don't give your employer any excuse to say you were noncompliant or uncoop.

[benharold1, BSN]

Thank you for your advice. So sad after working for this company for so long that I'm being treated this way. Take care!

[amoLucia]

Another thought came to mind - don't know if your Ohio state is one of those 'at-will'/'right-to-work' kind of states that can fire someone at anytime for anything.

Since you're 'lite-duty', ANYTHING on the job might provide the impetus for them to move to a 'strike 3, YOU're out' move. And likely, they'll find something. Check with a lawyer ASAP.

And really take to heart any legal advice given. Now is NOT the time to think that your employer gives a 'fat rat's tush' about your wellbeing. They don't.

Protect yourself.

[jobellestarr]

I was injured at work. Shattered my knee cap (slip and fall) when someone watered a plant on a shiny marble floor and the water leaked out of the pot. I have since left that position and have sought treatment after my injury. The ortho surgeon stated it was related to the slip and fall and it was fully covered by workman’s comp. it’s my understanding that even after your final settlement (degree of disability)that you can still have wc coverage. But I would definitely seek out an attorney who can better advise you. This was just my experience. Best of luck to you.

[guest974915]

Definitely obtain legal consul! In addition to 'dotting your I's and crossing your T's, I would also adamantly refuse to sign any written disciplinary action-don't give any ammunition to your employer that may be later used against you!

[Jory, MSN, APRN, CNM]

Counseling a nurse without any details is counseling a nurse for a made-up, fabricated complaint.

I would seek legal council immediately...and be vocal about it...that will at least protect your job until you find another.

[caliotter3]

Seek legal counsel immediately. You have hit the nail on the head. You would not be the first injured or sick employee to be terminated and you won't be the last. People will differ on what they say you should do about getting a new job with your limitations, but that can apply to many "qualifiers". It is up to you to make a decision about your need to get a new employer. A personal injury attorney should be able to give you insight to help with the decision.