Saxum Posted July 29, 2018 Share Posted July 29, 2018 This has been happening to me more as I get older - injuries or conditions requiring surgery putting me out of work for a few weeks. In some cases injury was something I was living with until could not deal with any longer. In one case the government customer decided to replace me rather than accepting substitute saying the job needs will be changing. So much for rules about job being secure when out on medical leave. When I returned from leave my company told me I needed to find another job or will be let go for lack of work. In another case my company tried to give me layoff notice while on leave and I told them it was against the law so as soon as I got back they did despite rules about being able to return to an 'equivalent' job. In this case in an athletes case it would be called turf toe. Both of my big toes have issues with both joints as well as tendons, etc. I also have RLS which contributes to injuries. My doctor opened my toe from toenail to upper joint and cleaned out joint. She told me that my tendon in my toe is "tight". She projected four weeks for recovery and after surgery thinks six. Dealing with disability companies are a real pain. The rules vary per company and seemed to be so labyrinthe so as to make it difficult to file correctly. Tried to get paperwork filed ahead of time but rules state can only be done after being off for a week. Now I need to fill out paperwork to them within a fixed period of time or it is arbitrarily denied even if issue is on their end (I had a company unable to find fax once despite I having fax receipt) or beyond my control (we had a snow storm after disability started shutting down all offices including doctors). Link to comment Share on other sites More sharing options...
mead107 Posted July 29, 2018 Share Posted July 29, 2018 Have you contacted a lawyer? Link to comment Share on other sites More sharing options...
stuvian Posted July 29, 2018 Share Posted July 29, 2018 wishing you a successful recovery Link to comment Share on other sites More sharing options...
row_33 Posted July 30, 2018 Share Posted July 30, 2018 3 hours ago, Limeaid said: This has been happening to me more as I get older - injuries or conditions requiring surgery putting me out of work for a few weeks. In some cases injury was something I was living with until could not deal with any longer. In one case the government customer decided to replace me rather than accepting substitute saying the job needs will be changing. So much for rules about job being secure when out on medical leave. When I returned from leave my company told me I needed to find another job or will be let go for lack of work. In another case my company tried to give me layoff notice while on leave and I told them it was against the law so as soon as I got back they did despite rules about being able to return to an 'equivalent' job. In this case in an athletes case it would be called turf toe. Both of my big toes have issues with both joints as well as tendons, etc. I also have RLS which contributes to injuries. My doctor opened my toe from toenail to upper joint and cleaned out joint. She told me that my tendon in my toe is "tight". She projected four weeks for recovery and after surgery thinks six. Dealing with disability companies are a real pain. The rules vary per company and seemed to be so labyrinthe so as to make it difficult to file correctly. Tried to get paperwork filed ahead of time but rules state can only be done after being off for a week. Now I need to fill out paperwork to them within a fixed period of time or it is arbitrarily denied even if issue is on their end (I had a company unable to find fax once despite I having fax receipt) or beyond my control (we had a snow storm after disability started shutting down all offices including doctors). Get better and fight for what is yours i guess you won’t be touring with Riverdance this year? Link to comment Share on other sites More sharing options...
Augie Posted July 30, 2018 Share Posted July 30, 2018 Sorry to hear about these difficulties. Getting old is not for sissies! I have fairly minor issues, and I’m amazed that my 90 year old mother keeps chugging along. I hope you manage to get everything you should have coming to you. Link to comment Share on other sites More sharing options...
Marv's Neighbor Posted July 30, 2018 Share Posted July 30, 2018 It's not clear, but if your injury is "on the job," your employer should be doing the paperwork. If not, you may need to find an attorney to guide you through. That can be expensive but it may be the only way to recover. Link to comment Share on other sites More sharing options...
Koko78 Posted July 30, 2018 Share Posted July 30, 2018 I would suggest contacting a disability attorney as well. The rules are created to be byzantine, specifically to discourage people from filing claims. 1 1 Link to comment Share on other sites More sharing options...
Mark80 Posted July 30, 2018 Share Posted July 30, 2018 14 hours ago, Limeaid said: This has been happening to me more as I get older - injuries or conditions requiring surgery putting me out of work for a few weeks. In some cases injury was something I was living with until could not deal with any longer. In one case the government customer decided to replace me rather than accepting substitute saying the job needs will be changing. So much for rules about job being secure when out on medical leave. When I returned from leave my company told me I needed to find another job or will be let go for lack of work. In another case my company tried to give me layoff notice while on leave and I told them it was against the law so as soon as I got back they did despite rules about being able to return to an 'equivalent' job. In this case in an athletes case it would be called turf toe. Both of my big toes have issues with both joints as well as tendons, etc. I also have RLS which contributes to injuries. My doctor opened my toe from toenail to upper joint and cleaned out joint. She told me that my tendon in my toe is "tight". She projected four weeks for recovery and after surgery thinks six. Dealing with disability companies are a real pain. The rules vary per company and seemed to be so labyrinthe so as to make it difficult to file correctly. Tried to get paperwork filed ahead of time but rules state can only be done after being off for a week. Now I need to fill out paperwork to them within a fixed period of time or it is arbitrarily denied even if issue is on their end (I had a company unable to find fax once despite I having fax receipt) or beyond my control (we had a snow storm after disability started shutting down all offices including doctors). FYI, it is not against the law to lay people off. It is a common tactic by organizations to get around the disability laws and other protected classes as well. For example, I was in a corporation that I was told to do this to an employee of mine because he kept volunteering for military service (he was in the reserves)...suffice to say I was not comfortable with this at all and left the organization not long after that sketchiness. There is a time frame for how long they cannot fill that position again though if they do lay you off. So, if they claim they are laying you off and then they fill the same position a couple weeks later, then you will most likely have a legal claim. If they fill it 6 months (and don't quote me on the length, but I believe that is what it is) later, then they are in the clear. Although I did go to law school and have good legal background in HR/Labor law matters, I am not a practicing attorney and you should consult an actual attorney if you feel you are being wronged by employers or benefits organizations. 2 Link to comment Share on other sites More sharing options...
ExiledInIllinois Posted July 30, 2018 Share Posted July 30, 2018 (edited) Good luck... Best wishes on speedy recovery. If issues like that arise, I am 50, that's when I am glad I work for Army/Fed. They would stick me on "light duty" behind a desk, managing the other gatekeepers... (lock &/dam operator), maintenance personnel, doing payroll, purchasing, schedule, etc... But... I got over 2,000 hours sick leave. 2,080 is one work year. I would just take sick leave... Money not the best vs. private sector operating engineer, heavy machine operator and beyond... But close, and job security, steady paychecks... Not the best benny's with regard to say paying 40% into healthcare, etc... But the time thing, stability, not seeing bosses for weeks, 3 days a week, occasional OT... And only working w/one other co-worker most of the time... For me it works... I am heavy on bennys, retirement, working for bennys, wife the $$$$. ...Putting me behind a desk on light duty and managing other employees, the office, maintenance, etc... Would be horrible for me though... I gotta be out in the sun, snow, weather doing stuff... 8-4 M-F would be brutal. ...But, they would want me on light duty... Saves them $$$$$, than OT/sick leave on a 24/7/365 job... If the Army could wheel me out there, they would... LoL Again... Best wishes on quick recovery Edited July 30, 2018 by ExiledInIllinois Link to comment Share on other sites More sharing options...
Royale with Cheese Posted July 30, 2018 Share Posted July 30, 2018 Look out for any cars just parked down the road from your house. My wife works for a Private Investigator firm and they get calls every day from companies wanting them to spy on their employee while on disability. Trying to catch a guy red handed. Link to comment Share on other sites More sharing options...
row_33 Posted July 30, 2018 Share Posted July 30, 2018 13 minutes ago, Royale with Cheese said: Look out for any cars just parked down the road from your house. My wife works for a Private Investigator firm and they get calls every day from companies wanting them to spy on their employee while on disability. Trying to catch a guy red handed. that's the best, guy a few doors down milked a bogus disability, wore a Steve Grogan collar when mowing his lawn painfully, then golfed and rode horses without the collar around town Link to comment Share on other sites More sharing options...
Royale with Cheese Posted July 30, 2018 Share Posted July 30, 2018 1 minute ago, row_33 said: that's the best, guy a few doors down milked a bogus disability, wore a Steve Grogan collar when mowing his lawn painfully, then golfed and rode horses without the collar around town I was surprised how often it happens. They catch them all the time. Link to comment Share on other sites More sharing options...
Saxum Posted July 30, 2018 Author Share Posted July 30, 2018 I got a call saying paperwork from doctor had to be done today. I just had my followup appointment Wednesday. I told them I checked with my HR department and there is no fixed deadline just paperwork needed to be done in reasonable period. She said the period allowed is 15 days and due today. I told her it has not been 15 days - surgery on July 20 - that is 11 days including today. She said it is from fire reported absence - and I am not even absent until July 23 (Monday) when I reported sick. She claimed July 20 was date butt that was date of surgery and even this date is not 15 days. It is clear this company plays loose with rules or I have an incompetent agent. I am not sure what is worse. Link to comment Share on other sites More sharing options...
Foxx Posted July 30, 2018 Share Posted July 30, 2018 toe surgery? out 4/6 weeks?? just cut the thing off. suck it up and get back to work, slacker! Link to comment Share on other sites More sharing options...
Royale with Cheese Posted July 30, 2018 Share Posted July 30, 2018 19 minutes ago, Foxx said: toe surgery? out 4/6 weeks?? just cut the thing off. suck it up and get back to work, slacker! Chandler Bing his missing a toe. Link to comment Share on other sites More sharing options...
mrags Posted July 30, 2018 Share Posted July 30, 2018 Being part of a union would fix this situation. In your case, I’d contact a lawyer. Link to comment Share on other sites More sharing options...
Saxum Posted July 30, 2018 Author Share Posted July 30, 2018 1 hour ago, Foxx said: toe surgery? out 4/6 weeks?? just cut the thing off. suck it up and get back to work, slacker! Actually I suggested it. Having issues with many points on feet and legs. It has to be related to the Restless Leg Syndrome (RLS). One day it knocked me out of bed and landed on my back on a table next to bed. I have had ankle and knee surgery before and approached Podiatrists about this a few years ago and was told chances were 50/50 it would be improved but it is both big toes now and something has to be done before I cannot walk. I am lucky I have a car with hand control due to ankle issues before and which GM mostly paid for. 1 Link to comment Share on other sites More sharing options...
Saxum Posted August 1, 2018 Author Share Posted August 1, 2018 Was given call that disability was approved thru preseason (Sep 3). It was longer than I expected but evidently there were some tendon issues. Link to comment Share on other sites More sharing options...
mead107 Posted August 1, 2018 Share Posted August 1, 2018 1 hour ago, Limeaid said: Was given call that disability was approved thru preseason (Sep 3). It was longer than I expected but evidently there were some tendon issues. Glad you got it Link to comment Share on other sites More sharing options...
Saxum Posted August 3, 2018 Author Share Posted August 3, 2018 On way to doctor's appointment today (my wife driving) we were rear ended on Duke Street. Hopefully only minor damage. Was hit in back but unable to determine yet if injured. Driver did not have insurance card but my wife took pictures of car and licence plate / damage to vehicles. Sometimes you just cannot get a break. Link to comment Share on other sites More sharing options...
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