Workers Comp

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I worked at Unity Hospital in Rochester , NY. I had a neck injury in Dec 2008 that required surgery, I was out for 5 months. I returned to work and re-injured my neck by lifting a patient. I have been working with this injury for 6 months. My doctor took me out of work 6 weeks ago and I need another surgery. Because I used my FMLA last year I will not be eligible until the end of this month. Guess what they did today? Yep, they fired me and my health insurance and benefits will be cancelled soon. I am not receiving any money and havent gotten any pay in 6 weeks. I have had to apply for food stamps and will not be able to afford COBRA to continue my health inusrance. Workers comp insurance company is taking their time, even though I have seen their doctors several times. They have not disputed it , but have not paid either. I cant believe this is happening! How can my nurse manager be so cruel and heartless? I understand business, but dont understand doing it at the expense of someone elses health and well being. Thank you for letting me vent, maybe someone has suggestions cause I dont knwo what to do. Everyone keep a nice stash of cash in case this happens to you.

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Specializes in ER/EHR Trainer.

Overdue for a workman's comp lawyer, get one now!

This is my greatest fear for all nurses....we work like dogs and can easily be injured....you'd think at least your hospital would support you!

Feel better, all the best....

Maisy

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I have heard from several nurses that said this is thier biggest fear , too. Thank you for your well wishes, it means a lot.

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Specializes in Management, Emergency, Psych, Med Surg.

You need to check with the department of labor about this. When you have worked at a facility for over a year you are entitled to 12 weeks of FMLA per year plus a 12 week extension. During the first 12 weeks, they will hold your job for you. After the first 12 weeks, they can post your position. This means that you still have a job when you come back, but you may not have the same job that you left when you were there before. I don't know how long you have to be out before termination occurs, but it can occur. You should be able to find the law regarding this on the department of labor web site under the topic of FMLA.

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Specializes in ob/gyn med /surg.

yes get a workman's comp lawyer... right now... best of luck to you and keep us posted !!

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I called Depart. of Labor and they said that after 12 weeks they can fire me and cancel my health insurance.

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Specializes in ER/EHR Trainer.

Thus why you need a lawyer to sue your employer....injury on the job....and you are being persecuted. I would also look into NY States Insurance and get that paperwork rolling. Just in case...whatever you do do not allow your coverage to drop! COBRA all the way!

M

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check to see if you have any short term disability

with any of your PRIVATE insurers.

ALSO, check out any private malpractice coverage you may have.

some include earning supplements.

*******************

US DEPARTMENT of Labor:

Family and Medical Leave Act Regulations: A Report on the Department of Labor's Request for Information

http://www.dol.gov/federalregister/Search/GetHtml.aspx?DocID=13007

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You may be able to afford COBRA--you might be eligible for the government to pay for 1/2 of the amount of your COBRA.

This is EXACTLY why health insurance should not be linked to employment.

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Specializes in Critical care, trauma, cardiac, neuro.

Unfortunately, in most states, Workmans' Comp means the employer has to provide care they deem fitting...AND....the flip side is that the WC law protects them from lawsuits.

If I ever get injured on the job, I will go to a personal physician instead of reporting it and opt out of the workmans' comp system. That can get me fired (policy is to report it internally) BUT, the flip side is that I will be able to sue the employer.

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Specializes in ER/EHR Trainer.

You can sue anyone and believe me you can sue and win in workman's comp cases. Of course, it's not as lucrative as getting hurt on private property but it should be enough to help the OP with her problems. In the state of NJ any associated problems with a claim after the last tx is two years....if there are continued problems then the care goes forward. Most people have no idea how they are protected, a lawyer can help with this.

M

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Unfortunately, in most states, Workmans' Comp means the employer has to provide care they deem fitting...AND....the flip side is that the WC law protects them from lawsuits.

If I ever get injured on the job, I will go to a personal physician instead of reporting it and opt out of the workmans' comp system. That can get me fired (policy is to report it internally) BUT, the flip side is that I will be able to sue the employer.

Can get to be a verysticky mess. In order to use your own ins, you usually need to state injury is not job related....

if you try to get temp disability, it will be denied...or at least delayed if injury is job related

Are you sure about being able to sue your employer???

Workers Comp is certainly NOT for employees:angryfire

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