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Estes | Long Term Injury

Remember and research...no return to work at pre-injury earnings=continued comp in many states.
 
ABFer said:
Remember and research...no return to work at pre-injury earnings=continued comp in many states.
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Maybe I'm a little late to the game here,just wondering why you had to take FMLA for a on the job injury? Is it different in some states? I was off on comp for my shoulder and never was told or asked about being on fmla. Just curious "nuff said and good luck hope everything works out
 
00mustang said:
Maybe I'm a little late to the game here,just wondering why you had to take FMLA for a on the job injury? Is it different in some states? I was off on comp for my shoulder and never was told or asked about being on fmla. Just curious "nuff said and good luck hope everything works out
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Companies do have the right to have you eat up your FMLA time when off on comp.
 
I got the impression that the FMLA wasn't a choice. I never thought to question it. It's after the fact now, but I'm going to check into it. In retrospect, it offered job protection benefits, and at the time, I had no idea what was wrong or how long I would be off. Things to think about if the future. But holy hell, I hope nobody has to go through the BS with their knees that I have.

I will say that for the longest time I dreaded checking the mail. Many years ago we had a city driver hurt his shoulder, nine months (and right before he was released), he got a letter of termination in the mail. They hired him back not too long after that. At least I don't have to worry about that for a few more weeks.
 
It is unfortunate that we have such worries when we're down and out with an injury. Good luck with it.
 
I've been talking to a retired attorney here about the fact that there is no protection for people injured on the job that are going to be off longer than the 12 weeks that FMLA will protect them for. He's done some work with the legislature here to improve things for people hurt on the job. He wasn't very optimistic about the idea of getting longer, legal protection for workers that are out say 6-12 months.. In my case, if Estes doesn't return me to work once I am released, I can go right onto unemployment and they can pay me to not work while at the same time they have had to lower the hiring standards (non haz-mat) and they need drivers all over the place. I'm making travel plans just in case they do kick me to the curb :) A vacation from this damn injury will be nice. I haven't been able to get out of town for more than a few days at a time. I tried telling them it was scheduled vacation time, but in return I was told that I am under doctors care and that non compliance would be a very bad thing. So in the chance I become separated from benefits, I've dug out my passport, birth certificate and Bermuda shorts :)
 
Hopeful your attorney friend will enlighten you about your rights and your state law.
You also need to be rated and compensated for your injury. I would not make to many waves until the company makes their move.
Good luck
 
Not making waves here, had to get an attorney in the very beginning. The first claim acceptance letter from work/comp only listed one item to be covered, and there was a list of things smashed, torn and fractured. What the retired attorney and I have been talking about is legislation to protect workers that are going to be out longer than 12 weeks. He doesn't see the Feds going that far, but it would be more of a possibility at the state level.
 
Does your worker's compensation act have any language regarding return to work wages? In my state if I don't return to work at or above previous wages (which are determined and specified at the onset of the injury) I can continue to collect for a long, long time. If you have the luxury of an attorney friend he would probably know that answer to that.
 
I know there are rules about light duty. The wages and pay have to be substantially similar to what a person was working at the time of the injury. There was a driver for another company here that hurt his back, the company offered him light duty...but they would have him work a few hours a day at half his normal wages. In my case, it's clear that they have no intention of offering me light duty before my full duty release. Despite the information from corporate saying how proactive the company is in getting people back to work as soon as they are able. I still have some weird restrictions so that me be why...they aren't saying. But if returned to work, I expect to get full pay. I've offered to work a reduced a schedule if things are still slow, but that would be on me. A 3 or 4 day work week would suit me just fine :)
 
Lonard Savin said:
I know there are rules about light duty. The wages and pay have to be substantially similar to what a person was working at the time of the injury. There was a driver for another company here that hurt his back, the company offered him light duty...but they would have him work a few hours a day at half his normal wages. In my case, it's clear that they have no intention of offering me light duty before my full duty release. Despite the information from corporate saying how proactive the company is in getting people back to work as soon as they are able. I still have some weird restrictions so that me be why...they aren't saying. But if returned to work, I expect to get full pay. I've offered to work a reduced a schedule if things are still slow, but that would be on me. A 3 or 4 day work week would suit me just fine :)
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Sitting home broken down isn't as glorious as it sounds. Cabin fever and boredom set in pretty quickly. And I get tired of watching all the slip and fall commercials that are on midday every day.
 
Lonard Savin said:
I know there are rules about light duty. The wages and pay have to be substantially similar to what a person was working at the time of the injury. There was a driver for another company here that hurt his back, the company offered him light duty...but they would have him work a few hours a day at half his normal wages. In my case, it's clear that they have no intention of offering me light duty before my full duty release. Despite the information from corporate saying how proactive the company is in getting people back to work as soon as they are able. I still have some weird restrictions so that me be why...they aren't saying. But if returned to work, I expect to get full pay. I've offered to work a reduced a schedule if things are still slow, but that would be on me. A 3 or 4 day work week would suit me just fine :)
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Light duty is something the company and doctor work out. It may be filing paper or audit log books. You receive your workers comp pay and a check for hours worked at light duty, this should add up to what your full pay is.
Their is NO way they would return you to your regular job with any restrictions attached.
They would also be fools if they let you back without going in for a complete physical with their doctor.
Your a broken little machine that has cost them money they would just as soon bid you good by.
Again use your free time to learn the workers comp laws of your state .
 
You are right, I was quite broken, and I'm sure it has cost someone a boatload of money. One thing is for sure, I'll know in three weeks what my fate will be. A big thanks to you all for your insight and input. I'll let you know how things work out.
 
That time has come, I see the surgeon tomorrow about my impending release to return to work. It has been 11 months + 2 days since I got hurt. Never would have believe that an injury could keep a city driver down and out for that long. It's crazy...
 
Lonard Savin said:
That time has come, I see the surgeon tomorrow about my impending release to return to work. It has been 11 months + 2 days since I got hurt. Never would have believe that an injury could keep a city driver down and out for that long. It's crazy...
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Crazy it is but abnormal it isn't. We should never discount the hazards associated with the jobs we do in the LTL industry. Our bodies are no match for the merchandise we handle on a daily basis. Good luck with your check up and return to work. Stay safe out there :guiness:
 
Been a while. I did get a full release to return to work. It's a mixed bag, I am still working for Estes, just not back to driving quite yet. At the time of my release I was told no driving positions open, but you, if you choose, can fill a temporarily vacant clerk position. I was so worried about having a job to return to that I didn't stop to think about what I was getting myself into. On the other hand, it has given me more time to work on the leg/knee. On the other, other hand...it's costing me boatload of money to not be driving. Does this fit the catch-22 profile...LOL I have decided that I will give it another couple of weeks and then I will have to reevaluate the situation. Too many good jobs out there for me to be sitting in an office answering the phone for too much longer.
 
Lonard Savin said:
Been a while. I did get a full release to return to work. It's a mixed bag, I am still working for Estes, just not back to driving quite yet. At the time of my release I was told no driving positions open, but you, if you choose, can fill a temporarily vacant clerk position. I was so worried about having a job to return to that I didn't stop to think about what I was getting myself into. On the other hand, it has given me more time to work on the leg/knee. On the other, other hand...it's costing me boatload of money to not be driving. Does this fit the catch-22 profile...LOL I have decided that I will give it another couple of weeks and then I will have to reevaluate the situation. Too many good jobs out there for me to be sitting in an office answering the phone for too much longer.
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You need to contact an attorney or brush up on your comp laws wherever you are. In my locale I receive comp until I return to work AT MY PRE-INJURY EARNINGS! That means if they offer me a lesser job or fire me I collect until I replace that job in full. Additionally, if it was forever I could argue that I would be receiving raises as time passed. I can't say for certain that I would win but I could and would go make that argument.
 
Hoodock said:
Are you sure? I was told that FMLA has nothing to do with workmans comp. It's offered for non work related illness or injuries. That's in Illinois.
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I am 90%+ sure but as you stated that one could differ from state to state.
 
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