LVSteve
Member
The WC lawyer ads here call the system "Workers' Confusion", and given my wife's experience they are dead on.
Questions about Workman's Compensation
- Thread starter lrrifleman
- Start date
As a Union Business Agent I represented workers injured on the job. I don't know how Worker's Comp works in Vermont. In Washington State we have excellent labor laws protecting workers. In this state is there is no limit to how long you can be compensated. It all depends on your attending physician's judgement. There are provisions within the State Industrial System that provide with retraining if your physician deems you unable to return to work in the field you were in while injured. If negligence is involved, where you were injured due to someone's error or neglect attorneys are available to get a settlement. Normally following your surgery you will be involved with rehab therapy or exercise. Those people normally report to your attending physician, you will have meetings with him/her to see how you are progressing.
I had a defective ladder fail and crashed from twelve to fourteen feet onto concrete and crushed fractured my L1-3 Vertebra, I refused surgery and through an excellent Chiropractor was back to work light duty within three months, full work schedule in building maintenance in six, I was in my fifties. They covered everything but my boss kept after me to come back to work, I could/should have stayed off work for more but I was bored anyway and went back early. I had to sell my attending physician that I was ready to return to work, my therapist reported that my back was stable, gave me a back brace, etc.
In that way you have some control over when you return to work. There are catches to the system that you may want to be aware of. If you sign the release to work and accept the pittance the state will award you for your injury, that case is closed. You will never be able to bring up that injury or the site of the injury again. They often will not allow you to return to work without signing this agreement, upon signing after a period of time the state will pay you for your injury, at least in Washington.
Considering your age could be another factor, if you have been in the work field for fifty years its fair to say you ain't no spring chicken. Some employers offer a form of disability and basically buy you out with a "settlement". Having represented injured workers it can be tough when your attending physician does not think you can go back to work in the capacity you were in. The State's Compensation Board has to do with this issue, this is where retraining comes in or working in another capacity at the job site. I had a guy that the company wanted to get rid of because he had at least three injury claims. They finally got hard nosed with him and offered him another job in another department. He said "Will you pay me what I am making as a mechanic?" They said "No you will be paid the rate for the job you get." He looked at me and said "I quit." That pissed me off because I had put a lot of time into working with this guy and felt this was the best I could do for him. They were willing to work with him or cut him loose and take their chances in court if he wanted to take them on.
It depends on your state, but for the most part State Industrial or Workmen's Comp relies on your attending physician. Follow your surgery your claim will go through a few changes which will involve your surgeon, physical therapy. Through it all you will meet with your attending physician who will make the final determination as to when you will be allowed to return to work. In Washington State you can return to work on a "light duty" schedule and perform duties that may not be as strenuous as your job description may be. In this state there is no real limit as to how long you may be off. It also depends on your employer, some will make an attempt to cut you loose real early and take their chances in court, private employers seem to follow that course. I represented a Union Shop as an Assistant Business Agent. Injuries on the job were a constant part of my business. The most important part of any claim is noting the exact time and place of the injury and having any witnesses to the fact.
Yours sounds cut and dried, following the surgery there will be physical therapy, your therapist will be in touch with your attending physician and ascertain when you will be ready to return to work, or whether you will not be able to return to work in which case you may be offered retraining or another job where you work. Upon release to work in this state you are required to sign a release. In other words, you accept the fact that the company has done everything they can for you in respect to care of your injury. Once you sign that release you can never bring that injury up again, failure to sign the release means you will need to get a job somewhere else or hire an attorney to proceed with a disability claim. After signing the release you will return to work and later will receive a check from the state awarding you a monetary loss of function or disability payment for your injury.
Best of luck with your recovery. I went back to work after a serious back injury from a fall from a defective ladder. I was off full time work in building maintenance for about six months, went back to light duty after three months mainly out of boredom. I worked another ten years before retiring. Many of my friends wondered why I didn't sue the company for having defective equipment and retire early, that ain't me.
