Anyone know much about Worker's Comp?

Miscellaneous and Personal Stuff I Must Share
1

>>I’m not necessarily looking for legal advice. What I really need is input from people who’ve dealt with worker’s comp issues - from either side - and can give me some idea of what to expect.

Mr. Detritus broke his hand at work on Valentine’s Day. It wasn’t due to negligence on anyone’s part, just one of those things that happen when you work with power tools and whatnot. He advised the site foreman at the time, but didn’t realize he had broken it (he’s so stoic it could choke a goat). He went in and filled out the accident report with his boss on 2/16, and then they sent him to their preferred clinic (Concentra). He was pronounced very broken-handed, given scripts for Celebrex (day) and Lortab (night), advised that he’d be seeing a specialist to find out if he needed a pin in the bone the next week, and given a doctor’s note saying he was cleared to return to work “within his medical ability” - meaning he does nothing with his right hand. (Which, to a commercial/industrial electrician, pretty much means he can do nothing.)

Here’s the problems:

  1. He’s not being given the opportunity for full time work. His employer gives up on finding things for him to do after 4-6 hours a day, but since he’s “medically able to return to work” he apparently can’t get any compensation for any time they don’t bother to find something to do. Can this be right?
  2. The activities he’s been given are not reasonable within his medical ability. For instance, yes, he could assist in moving a 150 lb generator (not that heavy, but unweildy, definitely a 2-man job) with only one hand, but I don’t think OSHA would approve. When you’re doing 2-handed jobs with only one hand it tends to up the likelihood of other injury. Objections only last for 5 minutes or so, then there’s either another unreasonable job to do or it’s time to go home.
  3. He still hasn’t seen the specialist. Finally got the appointment for tomorrow - 13 days after the injury. It’s still just wrapped, not set. Does this seem a little odd to anyone but me?

I’ve never had any experience with worker’s compensation, so I’m not sure what it’s reasonable to expect. I’ve been advised by a couple of co-workers to get a lawyer, but Mr. Detritus really loves this little company he works for and doesn’t want to antagonize them. But to top it all off, turns out they’ve been (again) not paying their insurance, union dues, etc. Possibly serious money problems. What if he’s still supposedly cleared to work and the company goes under? He’s not going to be able to get another job for several weeks, or even months. What then?

Is he’s getting the shaft here or are my expectations are just unreasonable or what?

2

Workers’ comp is different in every state. If you can’t get more information from the insurer or the employer (don’t know how reliable the info would be), I would definitely seek out reputable legal advice about how to proceed. The attorney doesn’t necessarily have to contact your husband’s employer, but you really need to make sure that you’re watching out for your husband’s interests.

Good luck!

GT

3

At the last place I worked, injured employees were sent home and paid worker’s comp if jobs couldn’t be found within their medical restrictions. The restrictions were written by a doctor and were very precise.

What information has Mr. Detritus received? Iowa’s OSHA sends a booklet to injured employees. I assume this is generated from accident/injury reports filed by employers.

It sure wouldn’t hurt to talk to a lawyer, but it might be a good idea to look at your state’s law as well.

4

You mentioned union dues in your post. Does your husband belong to a union? If so, he should begin by talking with his steward or rep.