Workers comp/wrongful termination.

Previous | Next
 rated by 0 users
Latest post 12-19-2012 8:49 AM by Drew. 8 replies.
  • 12-14-2012 2:34 PM

    • noahsoper
      Consumer
    • Not Ranked
    • Joined on 12-14-2012
    • MO
    • Posts 3

    Workers comp/wrongful termination.

    Hello, my name is Noah, and I was wrongfully terminated from the worlds largest small munitions manufacturer in Independence, MO. I worked for a temp agency, and one night on the job, I started to suffer severe stabbing back pain, from all the movements that come with assembly line work, stooping, bending, twisting, etc. so much so that I had to cease work activities and be checked out at the on-site fire department. I declined transportation by ambulance because of costs involved, and transported myself to the nearest ER. I was diagnosed with lumbar strain and was sent home with muscle relaxers. The next day I was sent to the companies work comp doctor and was briefly checked out by a doctor for roughly 5 mins or less, tapped the knees, listened to the heart, and was released to FULL DUTY with no treatment except to ice it every night.

    I then took a heavy dose of ibuprofen and returned to work, did all the pre-work exercises recommended by the company..still my back troubles returned, with severe back stabbing pains. I informed my supervisor of the situation, and was told to go home for the night and they would arrange another visit to the doctor.

    I return to the work comp doctor and again am diagnosed with lumbar strain, put on medrol steroids, and told to ice the area nightly. I am then released to modified duty with a lifting limit of 10lbs. My immediate supervisor at the temp agency informs me that they would not be-able to accommodate these lifting limits and would attempt to find me a job on plant that would be suitable. Nothing was ever found for me so I am off work til my next appointment a week later.

    I go back to the doctor on the 5/24/2012, feeling much better, but not completely healed..I am then again released to full duty. So the temp agency basically blows me off, and then finally says that they will still try to place me in a more suitable position. I tried to call week after week, leaving voicemail after voicemail with no reply. I am told by the onsite manager that I would probably not be allowed to work there anymore because of "pre-existing injuries". Basically telling me, you're an insurance liability so we want nothing to do with you. I again return to attempting to contact them.

    I am then forced to apply for unemployment benefits, and am approved. Finally I find a local job (not with same company) to make a little bit of cash to get by.

    A few days ago, I call the onsite temp agency office on-plant, the office got new management. I explain that I have worked for them before and that I am looking for an available position. I am told YES that there is available positions that they are looking to fill and that they would ask my managers in building 3 if I am qualified to return. About 4 minutes later I get a call back from her, and am told that I am not eligible to ever return to the facility for work. When asked why, I was given no reason, just told, "just because you're not".

    So all a sudden out of nowhere, working there almost 4 months, I hurt my back and all a sudden i'm not eligible to work for you?

    I would appreciate any enlightenment, and encourage a lawyer to contact me regarding this case.

    Thankyou.

  • 12-14-2012 3:03 PM In reply to

    Re: Workers comp/wrongful termination.

    Obviously, just because the temp agency employer (?) or client's company doctor says X doesn't mean much.

    Even if you don't have health insurance, that wouldn't prevent you from seeking medical advice about X beyond the company doctor (who naturally works for the company).

    "I return to the work comp doctor ..."

    There's a difference between the "company doctor" and "the work comp doctor" so you may want to clarify.

    A client's free to decide that they don't need you anymore or don't want to get caught up in you asserting a w/c claim against your temp agency employer (we can't know what the contract between them states).  Unclear why the client believes it would be on the hook for a temp agency worker's workers' comp claim, but for some weird contract provision.

    The message boards aren't the place to look for an attorney.  While it might be unlawful for your temp agency employer to let you go for filing a workers' comp claim against it, it doesn't sound like this was ever filed as such (and if this client is basically their only client, they aren't in a position to dictate to their client who the client will and won't let work for them).

  • 12-17-2012 5:24 AM In reply to

    Re: Workers comp/wrongful termination.

    You need to contact a local attorney who practices Workers' Comp without delay.

  • 12-17-2012 11:40 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,960

    Re: Workers comp/wrongful termination.

    If you have a condition/injury that is work related I agree with Fred, you need to contact a MO Workmens Comp lawyer w/o much delay --I presume you are a MO employee--but you need to get it right --and KS has a much shorter time window

    Employer has big $$ at stake to dust you off --you have big $$ at stake if you have a work related injury to file a timely WC claim--and your odds rest with a timley discussion with a seasoned MO WC lawyer.



  • 12-18-2012 1:25 AM In reply to

    • noahsoper
      Consumer
    • Not Ranked
    • Joined on 12-14-2012
    • MO
    • Posts 3

    Re: Workers comp/wrongful termination.

    So you guys do think I have a case that would be worth pursuing? I'm in the process of finding a lawyer that will represent me, but they have all said so far that it's not "clear cut" enough for them to take on.

    Will keep you guys updated and thankyou for the words.

    A little more info: The injury occured on 5/12/2012. Have I lost my window of oppurtunity? I did not expect the company to lay me off because of this and was never actually TOLD that I would never return until just recently. That is why it has taken so long for action. And yes I am a Missouri worker.

  • 12-18-2012 2:08 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,960

    Re: Workers comp/wrongful termination.

    I don't think the time is stale but thats a good easy question for MO counsel.

    This one is not a slam dunk either way  --you probably need some decent resources to fund the  contest for some time --few are going to wage your fight out of goodness of heart --$$

    If you prevail there may be recovery of attorney costs --a good question to ask.

    Did you even file a WC claim? Sometimes the system does do most of the work if its clear you are covered.

     



  • 12-18-2012 2:12 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,960

    Re: Workers comp/wrongful termination.

    The basic rule in MO may be that claims must be filed with state inside of 2 years  but I'd not wait any such long time --and I'd file with employer as soon as I could get facts put into reasonable order.



  • 12-19-2012 1:00 AM In reply to

    • noahsoper
      Consumer
    • Not Ranked
    • Joined on 12-14-2012
    • MO
    • Posts 3

    Re: Workers comp/wrongful termination.

    I filed a claim with the work comp insurance company that my temp agency uses, not with the state or anything like that. I'm not sure how I would go about doing that?

  • 12-19-2012 8:49 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,960

    Re: Workers comp/wrongful termination.

    The state, MO Div of Workmens Compwensation has a website and on line form etc.

    Be sure you have good records of that claim your filed with employers carrier.



Page 1 of 1 (9 items) | RSS

My Community

Community Membership New Users: Search Community