got screwed by company firing me while on workers comp

Discussion in 'Experienced Truckers' Advice' started by missjhawk, Oct 9, 2013.

  1. missjhawk

    missjhawk Medium Load Member

    571
    324
    Jul 24, 2013
    nutbush
    0
    I work(ed) for a magnificent company that fired me while I have a workers comp claim. I got hurt 11/2/12 and they took my trk away 11/14/12 went on workers comp with severe knee injury. worker's comp and my doc went into conflict when my doc say surgery. they immediately said no way. rhey paid me up until they cut my comp off in june I was told by lawyer that I was fired because I didn't report for duty in june even though i cant hardly walk. i am having to pay for my own surgery caz i been out trk for almost a year. and trucking companies will take all day to not hire if been out of trk for 2 years the ones i talked to. i fired my lawyer got a new lawyer. i paid my doc 2500 to go ahead and do surgery. i had to beg borrow and plead to scrape that up. the hospital is treating me like a charity case. i just cant get over the magnificent company fired me even though i am in litigation with them over my worker's comp case i thought that they cant fire you when there is a worker comp claim can i make them pay for my other knee is starting to hurt pretty good becaz i been limping for almost a year not sure what to do about that or what to expect has any body went thru any of this or can shine any light on this :dontknow::dontknow::dontknow:
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Tahoeshateme

    Tahoeshateme Bobtail Member

    20
    4
    Sep 22, 2013
    0
    What state are you in? Did you get hurt while working? My mom use to work for the Ca workers comp department. Something isn't adding up. If you are hurt working they can not fire you. If it is determined you can not return to that line of work they are responsible to pay for career training to go into a different line of work.
     
  4. missjhawk

    missjhawk Medium Load Member

    571
    324
    Jul 24, 2013
    nutbush
    0
    I got hurt while picking up load in western point Maryland. the company I work for is out of Illinois. my claim is filed in illinois i thought that they couldn't fire me. but i was told they did because i didn't show for duty i will have to have my mpl reconstructed, i have loose pieces of bone/tissue floating around in my knee among more stuff. my surgery is set for 10/10/13. it has been a year almost and workers comp refuse to pay for surgery. i have had 2 MRI, i have been to 2 IME doctor visits. i live 50 miles from Memphis in AR WC sent me all the way to st Louis, mo for IME 320mi one way. my new lawyer say he is gonna stick it to workers comp (in not so many lawyer words). i don't get it when i was told they fired me i filed for unemployment and i received unemployment because the i told the adjudicator that i was looking for job within my disability. my case is totally confusing to me and im living thru it. all i can say that my first lawyer sat on his thumbs and did nothing to fight for my case. now my new lawyer is having to sue my employer. u no how u can talk to a person and tell that they are slobbering. new lawyer say i have a very solid case whatever that me in lawyer terms. and i can feel him slobbering thru phone!!
     
  5. withit

    withit Light Load Member

    86
    41
    Jun 12, 2010
    SW MI
    0
    WOW man im sorry to hear that. I have been out of work since the end of January cause i broke my ankle while at work. My company an workers comp have been nothing but helpful an understanding. I had two surgery's in February and workers comp has been cool an paying me disability the whole time. And now after all this time i get to return to work next week.
     
  6. Tahoeshateme

    Tahoeshateme Bobtail Member

    20
    4
    Sep 22, 2013
    0
    If you think you have a good attorney now then let him do his thing. You should have been recieving workers comp benifits and only your doctor can release you for work. Sounds like you had ######## for a first attorney.
     
  7. withit

    withit Light Load Member

    86
    41
    Jun 12, 2010
    SW MI
    0
    Also i think they only have to hold your job for either 3 our 6 months im not sure.
     
  8. Tahoeshateme

    Tahoeshateme Bobtail Member

    20
    4
    Sep 22, 2013
    0
    Have to reread the American Disabilities Act on that one. When I needed back surgery the dealer I worked for held my job for 9 months until I returned.
     
  9. skibum_63

    skibum_63 Road Train Member

    2,176
    919
    Oct 12, 2007
    somewhere, USA
    0
    it is against the law to fire some one for filing a workmen's comp claim, under the EEOC rules. you need to contact a WORKMEN'S COMP Attorney.
     
  10. Saddletramp1200

    Saddletramp1200 Road Train Member

    2,111
    2,836
    Sep 4, 2011
    Houston Texas,USA
    0
    Got nothing but I leave my prayers you get better.
     
    Charli Girl and fr8te_sh8ker Thank this.
  11. missjhawk

    missjhawk Medium Load Member

    571
    324
    Jul 24, 2013
    nutbush
    0
    CONGRATS ON GOING BACK TO WORK i can say im jealous!! i don't remember what it mean to earn check doc say i got 6-8 month recovery im looking at may/ june
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.