I Fractured my Elbow ...What should I do? Advise on workman comp

[ironbeck]

K last tue I slipped and fell at work while installing roof deck, the roof deck was dewy and slick in the morning and I have verifed witness. Due to circumstances I am the only source of income in my household. I heard that workmans comp pays only 66% in WV. Here is the deal, while working for this company on multiple occasions I seen ppl get hurt, Mostly semi-legal Mexicans. The company wants these ppl on the job site for some kind of insurance reasons, So after getting my elbow checked out it is fractured bruised, swollen and ...well hurts like a bitch. So I figure trying to work with this company and going by events and circumstances I have witnessed I asked the ortho to put light work duty(with no use of arm that is injured) so A I can be at work collecting full pay B help the company also. But this foreman is being a ****ing dick and is expecting me to perform as much work as possible, so i may be injuring my arm futher? Also my co worker is so friggin doped up and almost useless I'm the kind of person that doesn't like asking this kid to do the same thing we have been doing for weeks so I just usually do it because its quicker than explaining shit over and over....what should I do ? originally the doc wrote a 10 day stay at home order(my shit is hurting from trying to type..lol)and I asked him to change it....I go in for a follow up visit tomorrow so I'm thinking of asking him to change it back to stay at home so I can rewst properly?????HELP GUYS? This is the first time in my life I have ever claimed and filled out a proper injurery report on the job, I don't complain, im hard headed stupid tuff guy idiot. Who's gonna take care of me? me right? A little insight would be appreciated and perhaps any advise on workman comp claims so I don't end up ****ing myself TKS

[Far from massive]

Ironbeck,

I wish I had a good answer for you (getting injured at work sux and there is no easy fix all).

I had a simalar thing happen in my early 30s slipped maneuvering a dually tire with drum assembly still attached ( about 150 lbs) and fell onto a metal box and severly ruptured 3 vertibra. I did the same deal as you took a month off then tried to return to light duty, they gave me an engine job on a pickup truck! The employer was a real asshole who thought men should never have to take time off and workmans comp was communist.

Long and short after much back and forth I finally had to get a lawyer to get my workmans comp. This was with a case so bad once the insurance companies doctor took a look at the MRI's he said Jesus how the hell did you work like that? Well I finally got paid but since I did not sue only collected workmans comp it was X amount of my salary....plus it took about 6 months to come in while I starved.

So my advice would be to take time off as directed by your physician and do not make the mistake (like I did) of worsening your injuries by working. If the employer will not respect the doctors orders ( make sure to explain them carefully in a civil manner before you are working) you will have a legal case. However if you choose to work injured and fvk up your elbow they will not slap you on the back and say thanks for playing hurt now go relax and get better,,,They will fire your ass and if you will be out of work for a long time with a fvk up elbow that may never be 100% again.

Best wishes Bro and hopefully you do heal up well.

FFM

[ironbeck]

Exactly!!! sounds like my reasonable conscious

[Dpyle]

Check on that workmans comp pay. I know where I am short term disability only pays around 60% of your normal pay, but workmans comp pays 100%. The reason companies like to have injured workers in on light duty rather than off is because of the workmans comp insurance they carry on employees. They have to pay a set amount for each day you miss to cover medical expenses in the claim and possible legal fees they may encounter during the claim.

My last job it was like 1000 dollars per missed day that they had to pay in for a claim.

[cindylou_38]

Workman's comp in Canada pays 85 % I am on it. Have a friend help you or best advice given is the doctor. He will see thats its correct.

[Times Roman]

if you go to work with a "light duty order" from your doc, and your supervisor ignores it and puts you back to work, you my friend could become rich. There is a potential lawsuit there. So do this. Do as your supervisor asks. then you "get hurt" again. You go to the doctor, they ask what happened, is it workers comp related? yes, it is. why did you ignore the "light duty order"? You had to or get fired. Then go find an attorney and see what he says.

Lucky you! =)

[optionsdude]

You are responsible for following the dr's orders,if the supervisors instructs you to do something that the dr instructed you not to do it will be deemed your fault,and any and all companies will throw you under the bus in this situation. Stay home and get better do what the dr says,be careful what you do while not at work insurance company could be watching. The % at which workers comp pays is your gross wages not the % of your take home pay. Since most of us only take home 70-75% of what we make it will not be much of a pay cut. Are you in a union? Some locals have a disability fund that will also pay a small amount weekly. Is WV a right to work state? Get on your state workers comp website and educate yourself on your rights.

[ironbeck]

You are responsible for following the dr's orders,if the supervisors instructs you to do something that the dr instructed you not to do it will be deemed your fault,and any and all companies will throw you under the bus in this situation. Stay home and get better do what the dr says,be careful what you do while not at work insurance company could be watching. The % at which workers comp pays is your gross wages not the % of your take home pay. Since most of us only take home 70-75% of what we make it will not be much of a pay cut. Are you in a union? Some locals have a disability fund that will also pay a small amount weekly. Is WV a right to work state? Get on your state workers comp website and educate yourself on your rights.

I am union, but right now working for a double breasted union/nonunion offit on the non union side..I decided to stay home after todays visit.

[ironbeck]

if you go to work with a "light duty order" from your doc, and your supervisor ignores it and puts you back to work, you my friend could become rich. There is a potential lawsuit there. So do this. Do as your supervisor asks. then you "get hurt" again. You go to the doctor, they ask what happened, is it workers comp related? yes, it is. why did you ignore the "light duty order"? You had to or get fired. Then go find an attorney and see what he says.

Lucky you! =)

As appealing as that sounds, my wife still has a few months of school left and well our savings are not abundant so I'm really not in a position to go down that kind of road. The doc changed the work order today to stay at home for a month than a re assessment. I can still train legs , abs and cardio

[optionsdude]

Good job staying home. I have been through the workers comp system before and it can be a real pain in the a$$. They can and will try to pull the wool over your eyes deny you treatment and delay your checks with little to no repurcussions. See if theres a disability benefit from your local, like I said it's usually not much. I'm really surprised that the company didn't try to fire you for working unsafely or give you a warning letter and try to make you feel like a POS. It's standard protocol where I work. It's bad enough that you got hurt on the job it was an accident,and you didn't mean to do it. However,someone was getting some bonus money on safe work days,and I bet it was the jerk foreman. If you have any direct questions you don't want to discuss feel free to PM me. Oh and make sure to ask the dr about the legs,abs,and cardio routine to cover your arse. As I said the insurance company will try to hose you any way they can.

[ironbeck]

Good job staying home. I have been through the workers comp system before and it can be a real pain in the a$$. They can and will try to pull the wool over your eyes deny you treatment and delay your checks with little to no repurcussions. See if theres a disability benefit from your local, like I said it's usually not much. I'm really surprised that the company didn't try to fire you for working unsafely or give you a warning letter and try to make you feel like a POS. It's standard protocol where I work. It's bad enough that you got hurt on the job it was an accident,and you didn't mean to do it. However,someone was getting some bonus money on safe work days,and I bet it was the jerk foreman. If you have any direct questions you don't want to discuss feel free to PM me. Oh and make sure to ask the dr about the legs,abs,and cardio routine to cover your arse. As I said the insurance company will try to hose you any way they can.

tks man I really appreciate the advise and offer , I will surley pm you with any(sure there will be) with any question. Plan on contacting the dr first thing tomorrow to make sure its k to still workout(on elbow related)

[ironbeck]

Update....the company found a other job for mre to "hide at for a few weeks so they dont have to pay comp while my elbow heals. tue-wed went k but thur and fri they are trying to make me work....turning bolts, holding latters and then on fri tagging and hooking up pieces of steel, well by the end of the day my arm was ****ing killing me, and I decided to take mon and today off, every day of complete rest makes a big difference...I go back tomorrow...I'm not getting paid foe mon and tue, but they are starting to be dicks and push me to work..........just venting.

[gearbox]

that steel hooking was a no go. you should of said something then had it documented so you can continue to be treated like a pos but your working with a lawyer on your own time.

My father owns his own company and deals with worker injuries a lot. He is honest and good to his employees for sure. He makes sure they are gtg before they come back and doctor clears them because he can be sued and also a hurt employee is a non productive one. he knows he will lose a little money while a worker is gone cause others are picking up overtime to cover the work load but that is part of business. he doesnt even stress about it.
you need to realize how much power you actually have. document stuff. even video tape if you can. show your foreman the doctor notes so he cannot say I never say that. (with video or good witnesses)

[gearbox]

oh you should meet up with the HR of the company also. and tell him your story. it will scare him. and they will be much nicer

[ironbeck]

I'm taking a few days off ?no pay.......to rest up.

[AdrenalineJunkie]

If you need work comp advice still, I'm your man. I know every nook and cranny, its what I do for a living. But, it differs between states. Let me know if you have questions before making a decision

[LT75]

I got injured at work. Word of advice is to get a lawyer. Like stated above the 66% is not much less than a paycheck with taxes taken out. Originally I tried to get surgery without a lawyer. Right before I was supposed to go they denied everything and like you, my boss didn't care. After I got a lawyer everything stated to flow again. I ended up having 3 surgeries and my knee listed as a 47% loss of leg with a need for future replacement. We are still arguing over the monetary settlement total. The accident happened 4 years ago.

[ironbeck]

I got injured at work. Word of advice is to get a lawyer. Like stated above the 66% is not much less than a paycheck with taxes taken out. Originally I tried to get surgery without a lawyer. Right before I was supposed to go they denied everything and like you, my boss didn't care. After I got a lawyer everything stated to flow again. I ended up having 3 surgeries and my knee listed as a 47% loss of leg with a need for future replacement. We are still arguing over the monetary settlement total. The accident happened 4 years ago.

this is the headache I want to avoid, my elbow is getting much better, its just Im taking it in the ass by taking days off work.

[optionsdude]

There's no reason you should have to take it in the ass. Be a dick right back. If you don't want to do without the money go in and don't do anything you shouldn't. If they ask why tell them the dr told you not to. I told you someone's bonus is going to get hacked if you go on comp that's why they came up with a "light duty" position for you. You're holding some great cards right now don't be afraid to play them. If you mess up your elbow again these guys WILL turn their back on you and lie and say they never told you to do the things you weren't supposed to do. Take care of yourself first and don't be discouraged by LT75's case every case is different. Read up on the comp laws in your state and call the state comp board and ask questions. Did the insurance clowns talk to you yet? Hang in there LT75 47% should get you a nice stipulation award with future medical.

[cindylou_38]

It still should be reported, rhis elbow injury can resurface any time. At least this way you have a claim in.