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Worker's Compensation: Employment and Medical Challenges in Frankfort

This legal question related to workers compensation & disability in FrankfortIndiana has been answered.

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I drive regular Chauffeur while in service van I got call from my son telling me I had keys to his truck he needed them to go to work I live 3 minutes from my plant never thought anything about it being an issue I go home for lunch most days and we are deducted 30 minutes for lunch without clocking out or in and by law allowed 2-15 minute breaks (I work 10 hour days) it was double digits ground was froze my drive was sheet of ice I parked on street for fear of not getting backed out of my drive on way back to van I slipped fell feet in air flat on back knocked wind out of me for some time. Finally drive back to plant let service sup know about incident they kept me there almost 2 more hours before having me clock out go to our plants personal dr(chiropractor) he says I bruised my lungs with no test to say otherwise sends me home to go back to work next day I get wrote up for going home on clock and because I didn’t ask 1st to go. It’s been at least 6 weeks 7 dr/hospital visits with no relief no exact diagnosis as to why or what it did when I fell severe chest back pain with work excessive activity had 2 antibiotics 2 sets steroids muscle relaxer anti inflammatory scapula X-ray blood work cat scan was even told because I found lump on breast I have breast cancer sent stat for diagnostic mammo nope just a cyst was falsely told that and to call fmla only to be told to cancel nothing medically wrong. Was even told I had pleurisy but nope not that now, I’m back to seeing original work chiropractor he says possible subscapular tear might possibly can get cpl weeks fmla he’d talk to HR past  friday now he says  he’s getting prior authorization for MRI to get proof of tear before can get fmla I am in so much pain each day I come home from work I can’t do things I need to do to live my daily life all I can do is lay on couch til work next morning it lets up somebut as I move around and get ready it starts to get aggravated my job is very active I’ve even asked for personal time off to heal was denied asked for a helper let me drive they do heavy work denied they have a 3rd hire for my position going on route with other driver to train with her instead of me I’ve been there more than triple the time I feel they’re trying to push me out the door they can’t gire me and stuck in a corner. They change pro attendance policy middle of year we are only allowed to miss 12 pto days a year no more 13th your done. To be honest I’ve missed 15-16 days prior year and wasn’t let go just didn’t get paid for the last few of them. They’re telling me I’m reactive not proactive I’ve been there 7 years I do a great job I have excellent PR with my customers I get no complaints from any of them I go out each day do my route come back go thru process each day with no issues I just have bad attendance because I’ve used my days over not feeling up to performance and I’ve used most all of my pto as planned vacation assuming I had a cushion for the end of calendar year which is June 1st one more call In I’m fired if it wasn’t for falling needing the insurance now more than ever be wise I have no clue what’s wrong for all I know it is cancer and they just haven’t caught the right kind yet. The only steps left now is the mri (costly with ims) and a bone scan. Long story but please help!! I feel like no one else cares at this point least of all my employer!!

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Legal Solution

The response provided below is specific to workers compensation & disability in the jurisdiction of Frankfort. If the response is inadequate, please submit a detailed inquiry.

Worker's Compensation: Navigating Employment and Medical Challenges in Frankfort

Navigating a complex medical situation while working can be daunting. The information you provided paints a picture of an employee in Frankfort who, despite facing numerous health challenges, continues to navigate the challenges of maintaining employment. Among the concerns raised are workers' compensation, disability, attendance policies, and the potential ramifications of these factors on job security. Given the intricacies of your situation, it's imperative to consider local Frankfort laws regarding workers' compensation and disability to guide your next steps.

Relevant Workers' Compensation and Disability Laws:

Potential Solutions:

  1. Consultation with a Local Lawyer: Before making any decisions, it is crucial to consult with labor and employment lawyers in your area. They can guide you through the legalities of your situation and advise on the best course of action. You can also compare lawyers in your area to ensure you find the right representation.
  2. Filing a Workers' Compensation Claim: Given that the injury happened during work hours and while performing work-related tasks, you may be eligible for workers' compensation benefits.
  3. Medical Documentation: Ensure all medical records, diagnoses, and doctor recommendations are well-documented. This will help support any claims or accommodations you may need from your employer.
  4. Employee Rights: Familiarize yourself with your rights as an employee, particularly concerning attendance policies, personal time off (PTO), and the procedures for medical leaves or accommodations.

Costs and Charges in Frankfort:

Service Average Cost in Frankfort
Initial Consultation with Employment Lawyer $250 - $400
MRI $1,200 - $2,500
Bone Scan $300 - $600
Workers' Compensation Claim Filing $100 - $250
Employment Mediation $1,500 - $3,000

Frankfort may have specific laws and regulations about how these charges are calculated, especially concerning workers' compensation and medical procedures. Ensure you consult local sources or legal professionals for accurate pricing.

Clarifications and Next Steps:

Your situation is intricate, and understanding every detail is vital. Please provide more information about any previous communications with HR and any documentation or notices you've received. Moreover, considering the challenges you're facing, it might be worthwhile to ask a free legal question to gain preliminary insights into your circumstances.

Key Questions to Address:

  1. Documentation: Do you have all the medical documentation detailing your injuries and the treatments you've undergone?
  2. HR Communication: Have you formally communicated your concerns and medical condition to your HR department? What was their response?
  3. Attendance Policy: Are there any written documents or employee handbooks that outline the company's attendance policy and PTO guidelines?

What are my rights if I'm injured on the job?

Your rights include seeking medical treatment, filing a workers' compensation claim, and, in certain situations, job protection or accommodation based on the severity of the injury.

How does Frankfort define a work-related injury in the context of worker's compensation?

In general, a work-related injury is one that occurs while an employee is performing tasks related to their job. This can include injuries sustained on company property or during company time.

Can an employer retaliate against me for filing a workers' compensation claim?

No, employers are prohibited from retaliating against employees for filing a workers' compensation claim. This includes any adverse employment actions such as termination, demotion, or reduction in hours due to the claim.

How long do I have to file a workers' compensation claim in Frankfort?

Typically, there's a specific window during which you must file a claim after the injury. This period can vary, so it's essential to consult the local regulations or an attorney to ensure you file in time.

What if my workers' compensation claim is denied?

If your claim is denied, you typically have the right to appeal the decision. This process can be complex and may require legal representation to navigate successfully.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Worker's Compensation: Employment and Medical Challenges in Frankfort" has been changed 1 year 8 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Frankfort & area of law: workers compensation & disability.
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