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 Post subject: Ripped disc in back, Should I be getting unemployment?
PostPosted: Mon Dec 25, 2006 10:26 pm 
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Joined: Fri Oct 04, 2002 9:52 pm
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Location: United States, Mobile, AL
I was working at Coke stocking part time on the weekends. I ripped a disc in my back (while working) right before thanksgiving and told them and was just sent home. At first I thought it was temporary pain but it only got worse so I called them back and they sent me to their own workmans comp. doctor who poked me in the back said I was fine and put me back on "light duty". But coke said that they have no light duty and until Im better not to come in. I pestered them some more and they finally agreed to send me to get an MRI which showed that I had a torn disc in my lower back and disc fragments and bulging in the disc underneath it. They gave me some pain pills this time and said they would send me to a specialist after christmas. But now I have been out of work for going on 6 weeks with no income because it hurts to stand and no way to pay rent. Because they are sticking to their guns about the "light duty" I am not sure if I will be able to be compensated while I get better. Does anyone have any advice or knowledge on this subject.

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 Post subject:
PostPosted: Tue Dec 26, 2006 2:18 am 
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if your in a workers union i would talk with with right away.


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PostPosted: Tue Dec 26, 2006 2:48 am 
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Workman's Comp is State-run, so it varies somewhat. Basically if your company puts you on "light-duty" after an accident, workman's comp pays you the difference (tax-free) between your light duty pay and what you would have normally made. I'm not sure if being part-time affects this.

After you are well again, or after a set time if the injury is permanent, they make you an offer as a final settlement, based on the extent of your permanent injury. This is where the use of a lawyer is often needed.

If your injury is so severe that you cannot return to your work, you can apply for permanent disability......this is not often easy to get, but if you qualify, you get a monthly check, and go on Medicare.

Good luck....

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 Post subject:
PostPosted: Tue Dec 26, 2006 10:27 pm 
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well when they sent me to their doctor they were not going to do any tests or anything. They just put me on Ibuprofen and said light duty released to work. But I returned to coke and they said they didnt have any light duty so as long as im hurt they are taking me off the schedule. If there is no light duty is that the same as being not able to work? Also I have another part time job ripping tickets at the movie theater. I went in today but it hurt so bad that I couldnt stand there for 6+ hours like I am required to do. Can I get a different doctor to change the recommendation from light duty, to disabled until healed?
Im not trying to screw them, I really got hurt, they were only paying me 130 a week so I dont see what the big deal would be for them to pay me that until I get better, assuming I do. But they certainly dont seem to want to do that willingly.

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 Post subject:
PostPosted: Wed Dec 27, 2006 2:26 am 
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You got hurt at work, and they're required to attempt a cure for your injury......and if is a spine injury, I doubt pills will cure anything. You need to talk with the person/s administering the workman's comp for your company. If you pertsist they might change their treartment......if not a lawyer is your next step. Getting your back healed should be your # 1 priority.

If they have no light duty, they should pay your salary(usually a percentage like 85%) until you can return to full duty. They normally do this as a weekly check......takes a few weeks to start arriving. Again, an attorney might be needed, but that would be a last resort. An attorney takes a percentage of a workman's comp settlement. Getting a just settlement in your situation might be difficult.

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PostPosted: Wed Dec 27, 2006 3:04 pm 
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I went in today and talked to the secretary that handles all the paperwork and she acted like it was the first she had heard about any of it. She said I would be getting a check soon so hopefully that is worked out. Do you think they would be paying me retroactive since the injury date? Because It happened before thanksgiving and its after Christmas now and I have bills to pay.

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PostPosted: Wed Dec 27, 2006 3:56 pm 
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I think the workman's comp checks start from two weeks after the injury.....in Missouri anyway. Realize these people have a track record of doing everything possible to avoid paying for treatment, and to avoid paying unemployment compensation. You have to really stay on their case to get action.

The last time I hurt myself at work, it took over a month before they authorized an MRI......shouldn't be that way. :x

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PostPosted: Wed Dec 27, 2006 5:01 pm 
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they seem to be treating me better now that they have seen the mri that shows that my back is ripped up. But before that they said I just pulled a muscle and gave me ibuprofen and told me to go back to work. I promise I dont go to the doctor or complain about pain unless its pretty severe. I am too poor to run to the doctor for every little sprain. But what I was trying to ask is are they going to pay from the time I started missing work, or are you saying that the first couple weeks after the accident dont count towards the check?
This has really messed me up because I was living with my girlfriends family and paying them rent (which was basically all my money) but I havent paid them for last month and now this month is due and I have $0.

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 Post subject:
PostPosted: Wed Dec 27, 2006 5:18 pm 
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That's how it was for me. Your state might be different. There's probably a state office that handles such matters. It would be a good idea to check with them.

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