My question involves workers compensation law for the state of: Michigan / Injured and Live in Northwestern Area
I am a traveling merchandiser paid mileage and suffered a serious "jaws of life" accident in one of my overnight shifts in Winter 2017. I was on total disability during major treatment, then partial while I was on light duty. I had extensive speech and occupational therapy because I suffered a minor spine and head injuries. I now work in nearly constant pain with a back brace, re-racking and stocking shelves for a major space planning distributor. My question breaks down into two areas: 1) Changing Jobs and Liability 2) Vocational Rehabilitation.
I read somewhere on this site's attorneys comments (not a forum) that most permanent temp or full disability settlements require that I leave my job. Getting me back to work was always the goal and this was not on the table. While it may be an ancillary fact they are trying to get rid of me for my accident, I doubt this is the case... but there is too much work and they just hired an assistant member of my team. Some sudden write ups where the boss is making changes to planograms (the way our display should look) happen, and I never get notified on time - if at all. Other Team Senior staff give me advice on how to accomplish the task under less than favorable display circumstances, then the client is disappointed. By nature, this is a two-boss job ... the retailer and the company I work for, so inherently there are going to be client management problems with a weak manager above me unwilling to hold the retailer to the contract.
Finding myself being held accountable for two similar situations where the product is not displayed per spec, in the last three months, at the same retail location, first as a written warning; then, as a final warning, I wondered if they think I can't move fast enough after OT and PT and want to dump me. Both being the same site, there is an unrealistic expectation by the client and major lack of availability for, and communication by, the boss and his boss about the planograms. I find myself running and screaming to another company to avoid the toxicity that is sure to keep a revolving door in an already high turnover job, both by area and by industry.
My first question is about my appointment in June for neurologist. I know the worker's comp will have to pay for it, because medical liability continues even if I leave my job. What I worry about is what happens if and when I am told I need light duty again, are partially disabled certified or even full...now that I am at the new employer. I seem to read this is handled the same way with new employer, except light duty which the new employer doesn't have to honor making me partially disabled? You tell me, I am inquisitive about it. Talk about a bad time for work environment to go toxic!
The second question is about vocational rehabilitation after I leave. This information and perspective will affect my question above about return to disability as well, self-evident facts:
Before this job, I was a space planning engineer in another state. A GOOD ONE. And I took this job to move back to my native state because I didn't like it there.
The WC neurologist recommended that because of my brain issues I get vocab rehab for space planning (a desk job) on my return to work visit.
The WC neurologist did NOT sign off on my return to work in August 2017, I found out after I got my light duty letter.
The WC contact played Potomac Two-Step to avoid admitting they returned me to work, and the WC Dr never signed off in fact recommended vocab rehab.
When questioned, the WC Dr said correct he never signed off and I found this out after I had already worked my first half-day (a liability issue).
I am convinced based on the above the WC adjuster saw the note and worked FAST to get me to light duty so they would not have to retrain me and potentially offer me a better desk job at my current employer, because the handbook may require it.
If the WC neurologist certifieds me for light duty, do I get partial disability since new job does not have to honor? How does partial work? Full, I know about already I can't work so they pay until I can. What if I have to leave the new job because of the disability, are they liable for damages for that? And what about voc rehab if the same WC Dr recommends again? Do I really have to work in pain? I can just see this old company using the timing against me last time (or at least the WC adjuster), they will do it again. But I do have to leave, things are going to go south and quickly.
I am a traveling merchandiser paid mileage and suffered a serious "jaws of life" accident in one of my overnight shifts in Winter 2017. I was on total disability during major treatment, then partial while I was on light duty. I had extensive speech and occupational therapy because I suffered a minor spine and head injuries. I now work in nearly constant pain with a back brace, re-racking and stocking shelves for a major space planning distributor. My question breaks down into two areas: 1) Changing Jobs and Liability 2) Vocational Rehabilitation.
I read somewhere on this site's attorneys comments (not a forum) that most permanent temp or full disability settlements require that I leave my job. Getting me back to work was always the goal and this was not on the table. While it may be an ancillary fact they are trying to get rid of me for my accident, I doubt this is the case... but there is too much work and they just hired an assistant member of my team. Some sudden write ups where the boss is making changes to planograms (the way our display should look) happen, and I never get notified on time - if at all. Other Team Senior staff give me advice on how to accomplish the task under less than favorable display circumstances, then the client is disappointed. By nature, this is a two-boss job ... the retailer and the company I work for, so inherently there are going to be client management problems with a weak manager above me unwilling to hold the retailer to the contract.
Finding myself being held accountable for two similar situations where the product is not displayed per spec, in the last three months, at the same retail location, first as a written warning; then, as a final warning, I wondered if they think I can't move fast enough after OT and PT and want to dump me. Both being the same site, there is an unrealistic expectation by the client and major lack of availability for, and communication by, the boss and his boss about the planograms. I find myself running and screaming to another company to avoid the toxicity that is sure to keep a revolving door in an already high turnover job, both by area and by industry.
My first question is about my appointment in June for neurologist. I know the worker's comp will have to pay for it, because medical liability continues even if I leave my job. What I worry about is what happens if and when I am told I need light duty again, are partially disabled certified or even full...now that I am at the new employer. I seem to read this is handled the same way with new employer, except light duty which the new employer doesn't have to honor making me partially disabled? You tell me, I am inquisitive about it. Talk about a bad time for work environment to go toxic!
The second question is about vocational rehabilitation after I leave. This information and perspective will affect my question above about return to disability as well, self-evident facts:
Before this job, I was a space planning engineer in another state. A GOOD ONE. And I took this job to move back to my native state because I didn't like it there.
The WC neurologist recommended that because of my brain issues I get vocab rehab for space planning (a desk job) on my return to work visit.
The WC neurologist did NOT sign off on my return to work in August 2017, I found out after I got my light duty letter.
The WC contact played Potomac Two-Step to avoid admitting they returned me to work, and the WC Dr never signed off in fact recommended vocab rehab.
When questioned, the WC Dr said correct he never signed off and I found this out after I had already worked my first half-day (a liability issue).
I am convinced based on the above the WC adjuster saw the note and worked FAST to get me to light duty so they would not have to retrain me and potentially offer me a better desk job at my current employer, because the handbook may require it.
If the WC neurologist certifieds me for light duty, do I get partial disability since new job does not have to honor? How does partial work? Full, I know about already I can't work so they pay until I can. What if I have to leave the new job because of the disability, are they liable for damages for that? And what about voc rehab if the same WC Dr recommends again? Do I really have to work in pain? I can just see this old company using the timing against me last time (or at least the WC adjuster), they will do it again. But I do have to leave, things are going to go south and quickly.
Workers Compensation Issues: Changing Jobs, Worried About Partial and Long-Term Disability/Vocational Retraining
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