New to the industry and I have a situation where I am basically going to have to lie my way through a physical in order to get a job. I have strong reservations about doing this because it goes against everything I believe in and strive for as a human being. I am hoping to find someone who has been in a similar situation and can advise me if lying about a workmans comp case will even work.
A little history about the situation, I pulled a abdominal muscle in 2009 and continued to work while injured not realizing that I was jeopardizing my future. I thought it would heal after some time. After working though the pain for 2 months I ended up bedridden for another 2 months (on workmans comp) eventually I got back on my feet. The doctors said that all indications were that I had a abdominal tear that should have been healed after 2 weeks and I should have no problems going back to work. After thinking about it I decided to return to duty and try to tough it out which was a terrible decision. I ended up aggravating the injury and hindered any slight recovery I had in the two months I was off work. At that point I decided I couldn't rely on the doctors to tell me how I felt and how I was recovering. So I went through the paces of workman's comp and here we are in February of 2014 and I have not been giving a OK to return to duty and my case has not been dispositioned.
So I landed a job with a flatbed company after class a school, thinking as a driver this would be somwhat of a non factor. So I went in to take the physical and of course the questions came up about whether you have ever been on restricted duty from another job. being a honoralble man I couldn't bring myself to lie about the situation so I said I had been on restricted duty. I said I have healed and I am ready to return to work. Those words were a stake through the heart of getting the job. The doctor would not go through with the lift test and said everything is on hold until I produce my workmans comp papers. By producing my workmans comp papers I would be disqualified anyways because the lift requirements for the job are 50 pounds and I believe my workmans comp papers say something like 20 pounds. It looks like my only real option is to remove that job from my resume and lie about the fact that I've ever been on workmans comp. I'm wondering is a prior workman's comp case something that is accessible to a perspective employer or is that protected by patient confidentiality?
Thanks in advance for any and all advice.
Getting through a physical after a work related injury - help please
Discussion in 'Experienced Truckers' Advice' started by hardworkinman, Feb 3, 2014.
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I would be careful with your injury doing flat bed. why didn't you do box or refer first until you know that you are fully recovered. I myself is/has recovered from a work related injury. my tdd payments were cut off because wc didn't want to pay for my surgery. I paid for my own surgery in oct returned to work in December from a torn meniscus, mpl my doc give me clear to work but I still feel some tenderness in my knee. my job where I got hurt told me I couldn't come back because I paid for my own surgery. I said all that to say that the prospective employer do not have access unless u tell them or they checked with previous employer. the first company I landed at I had to give them a copy of the email showing the date I got my last ttd payment. and I have to have letter from my doc stating I can do full duty.
so are you still receiving ttd payments if you are it would be difficult. if not say you were cut off and have documentation. then you need a letter from your doctor. the company that would not accept my letter I brought saying I could have did it myself. so the company wanted this on the letter
your name is released for full duty. your name can drive a CMV with no restrictions. this is what my letter said. and my doc had to fax it in.
I did get a medical card there but the company I am at now they did not ask me nothing they used the card I got from the other company I did not have to take physical. I did say why I left the company where I got hurt. im with ptl now its a okay company.hardworkinman, Wooly Rhino and NavigatorWife Thank this. -
Thank you so much for responding that information helps me tremendously. I'm not receiving payments anymore, I am only waiting for the disposition of the secondary doctors evaluation, he's going to say whether they pay for some training to get me into a different career field or they tell me I can return to duty.
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yea that is were my case is in I did not have the patience to wait this is why I paid for my own surgery. u no our profession the longer from under a wheel the harder to get a job without retraining. so the secondary doc is a IME? or your treating doctor. if it is not your treating doctor you don't have to listen. most important do you have a lawyer. have you thought about driving box/refer/tanker until fully healed. it would be less strain on your abdominal. if you feel like you can work get those documents to support what u are saying and go to work. because believe u me I understand totally being a must work myself. I was out of truck for 13months. it about killed me. if you got a up to date med card try ptl I was surprised when they didn't ask the questions that most do. right now its a job u no. if I can help any more let me no im going/ went thru pretty much the same thing. good luck
hardworkinman Thanks this. -
You must remember that in order to drive a commercial vehicle you have to have a valid medical card. If you are off work and injured you do not have a valid medical card. You should continue receiving workman's comp checks until you can pass a physical. Do not rush it. Once they give you the card back, you will want to drive Vans. Flat bedding is for the strong backed and weak minded out there.
hardworkinman Thanks this. -
I have the most respect. I lost my Med card because I can't pass the back X ray. Short story, Had to go O/O to get insured. All I am going to say.
NavigatorWife and hardworkinman Thank this. -
My injury has been getting better slowly but surely year after year. Working out is the main thing that is helping me recover. I have learned the age old rule first hand, "work smarter not harder". I am confident I can lift 50+ pounds on a consistent basis. When I injured my ab I was throwing 200+ pound bags of rice 8+hrs a day. The heaviest thing I would have to deal with for this flat bed job is the chain binders if needed and tarp.
Yes the next doctors report is a QME.
I choose not to deal with a lawyer because the ones I talked to seemed like slime balls, basically they wanted to "stick it to the company" but told me my case was not worth much $$$.... and at the time I had high hopes of returning to work for the company I was working for when the injury happened.
Yes I have thought about doin the OTR "no touch freight" or "drop and hook" and that was my second choice. I was goin all in for a local position, hourly+home every night+off on the weekends seemed like a real blessing. This was the first local job I had a shot at but I blew it, but i learned a valuable lesson.
What is PTL?
And missjhawk I am VERY glad to hear you are doing better with you injury and here to share your story with others in our shoes. THANK YOU SOOOoooooo MUCH!!!NavigatorWife and Saddletramp1200 Thank this. -
Oh trust me theres no rush whatsoever with these workmans comp docs the injury happened about 5 years ago and im just waiting and waiting with no end in sight. Honestly its pretty ridiculous. -
If you lie on your medical form it is considered null and void. With it void your CDL would be downgraded.
You really have to think this one out. I would get it cleared up and released for duty.
All it takes is you minding your own business and a drunk runs a red light or crosses the median and gets killed. The lawyers will dissect your background and find out. What happens then? Your world turns upside down.
Trucking is a safety sensitive job right in the midst of the public. Not the perfect job to fly through the hoops. As a driver you have to CYA, past, present and future.
Last edited: Feb 4, 2014
Wooly Rhino, Saddletramp1200 and hardworkinman Thank this. -
I have been looking at something along the O/O lines. I am hoping to get some much needed experience, and a decent enough job where I can afford the payments, I definitely aint goin to get caught up leasing a truck for or from a otr shipping company.
I see O/O crystal clear in my future.
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