first, a little back ground info. I’ve been a cement finisher for 13 years, and with the same company for the last 10 years. after 2 years with this company, they made me a foremen. all was well for 7 years, until it got slow last year. the company decided to park some trucks until things get better. my crew was shut down, with the understanding that it would start up again when we got busy. 6 months ago they started a crew, it wasn’t mine. they made another guy a foremen. when i asked about this i was told that they wanted to give a younger guy a chance (he is 2 years younger then me). i don’t have any hard feelings about this, i understand that it is a business and there’s nothing i can do about it. but I’m beginning to see the writing on the wall. about 3 years ago i blow out my quadriceps tendon on the job. i went through the surgery and rehab, after 5 months i was able to get back to work (light duty). the Dr. gave me some restrictions, no kneeling, no ladders, no walking up and down inclines, ect… with in the first week i was on my knees toweling a floor. the second week i broke most of the other restriction he gave me. not because i wanted to, but because that is the nature of the business. if you can’t do the work, no one wants you on the job. i just wanted to get back to work. 3 years later my leg is ok, but it will never be the same. i never got a lawyer, i never sued, i never got a settlement. all of my bills were paid, and i got paid via work comp. I’m ok with that.
on Thursday i took a fall at work and hurt my right shoulder. i went to the clinic, they took x-rays and every thing looked good. i went to my orthopedic surgeon on monday, he said i tore my rotator cuff, and i needs to be surgically repaired (torn rotator cuff is the worst injury a finisher can suffer). recovery from rotator cuff surgery is a slow process. as long as a year before i could get back to work. i asked him if it was career ending? he told me that it may or may not be, but it was defiantly career altering. i won’t be able to work over head, reach out very far, lift anything heavy, no high torque or heavy loads on the shoulder. that more or less describes my job. if i get back to work and ignore my restriction, i would put my self a a very high risk to re injury. If i stick by his restriction, it won’t take long before i wear out my welcome with all of the crews (first one to sit home when times get slow). I’m screwed either way.
my question to you guys is this. should i get a lawyer and go for a settlement. If i do, when should i get a lawyer? or should i wait to see what happens? i do like the company i work for, but it’s hard to see a bright future. i appreciate the insight.
Pete
PANIC CHAOS DISORDER………my work is done here.
Replies
I wouln't think it would hurt just to let your boss know of what's ahead of you and ask about what you could be assigned to do after the release from surgery.
Clearly you may need an attorney but I wouldn't push to hard to soon. When things go south your recovery will be the shortest ordeal ahead of you compared to going to court. JMHO
Edited 11/17/2009 12:11 pm by jagwah
Edited 11/17/2009 12:12 pm by jagwah
maybe it's time for some of the young guys in the ofice to get out in the field, and you take over as estimator or scheduler or whatever is available.
"Put your creed in your deed." Emerson
"When asked if you can do something, tell'em "Why certainly I can", then get busy and find a way to do it." T. Roosevelt
Every ones state laws are different. If it was me, I would lawyer up, only because I have had similar problems at work.
I have had both shoulders operated on and still have not recovered after 2 years. I have had further complicatins, but I will tell you, it is very painful surgery! Think of everything you do with the arm. Yep, even going to the bathroom. Not easy time coming back.
My humble opinion is that you've already revealed your answer, you just might not see it.
If you are correct and you literally cannot physically perform the tasks of your trade, then clearly, you need to change jobs and/or industries. If you have state run workman's comp, then they likely have retraining programs. If it's private, it probably varies too much to generalize.
Long and short of it, your gig may be up and there's nothing anyone can do about it.
A lot of lawyers will give you a free initial consultation. Sort of like a free estimate from a contractor. Long term, you need to change to something like an office job, something that uses your experience and knowledge rather than your joints and muscles.
-- J.S.
I think that you should probably have a chat with a lawyer just to find out what options may be available to you down the road. Keep it quiet for now and see what the company plans to do.
When/If they offer some kind of settlement, have the lawyer look it over before you sign off. There's usually a fairly decent statute of limitations that will allow you to bring legal action if you really need to.
Whatever happens, you need to get off of the finishing crew. There's no real joy in being an old (before your time), broken down, crippled, construction worker.
Edited 11/17/2009 6:46 pm by Dave45
ha, there isn't alot of joy being a middle aged broke down, crippled, construction worker either lol.
PANIC CHAOS DISORDER.........my work is done here.
what framer said is true(for me too)
being "crippled" sucks. Mentally more than physically.
I wish the best for you.
As a previous employer, yes, lawyer up. Do you think he hasn't already?
There is/may be rehabilitation training available. Maybe something to start thinking about as you recover.
Edited 11/17/2009 10:16 pm by migraine
I'm missing something here...
you disregarded doctors instructions in the first case... seems they treated you fair... in that situation...
then you fall at work... I would guess the cause if the fall would determine alot of things... were you asked to do something that was known unsafe? had someone fallen or tripped where you fell before? was it a known hazard? if everything was to the requirements of the jobsite and you just tripped over something that you shouldn't have... why is it the fault of another?
I guess laws are different everywhere but construction is dangerous by nature and many trades wear the body out...
if there was nothing that was any different than any other day and you just fell... I'm reaching here for why someone else should pay... I'm sure they have insurance to cover your medical costs... I'm just not sure that there is alot past that... if they did nothing wrong other than providing a job to a skilled worker
not be'n cold... I'm just not getting it
p
Edited 11/17/2009 11:05 pm ET by ponytl
I didn't want to post those thoughts but I was thinking them. I also have empathy toward his situation but the mention of lawyer makes my skin crawl. That's what this society has come too. Instead of him going to the owners and finding out if there is something that they can do, the first thought is to call the leech...I mean lawyer. And then people wonder why all small businessmen are hiring illegals.....
Jim, in many states a worker is covered by w/c. There are also times when an employee is entitled beyond what comp pays.
A lawyer in the state he lives would be able to inform him of his rights.
If that bothers you, too bad. The comp laws were passed because peole like my grandfather was killed in a car plant when he was 37, with no way for my grandmother to raise my father and aunt. The insurance that employers carry are for situations like his.
I know in NY he would not be entitled to sue for more except if the employer did something that is considered serious, or beyond the pale. Every state has different laws, I suggest a lawyer only because I don't know his states laws, and the place to get the answers is a lawyer.
No one has said a thing about a suit, or rather I didn't and I did suggest he hire one.
He is doing nothing more than covering himself about the laws.
Jim, Ponytl--
I'm not sure you aren't being a bit too hard on this guy. I've seen 'good' companies turn real bad real quick when they're facing the prospect of a large workman's comp claim. So have most of us, I think. In fact it is a rare company that goes the distance to take care of its wounded once the guy has become a liability instead of an asset.
Ideally, the state WC board would settle this without him needing a lawyer, but a lot of WC programs are administered by private contractors (read: insurance companies) who have a profit/loss imperative and will do everything they can get away with to pay out as little as possible. I've seen 30-y-o guys with permanent injuries that will prevent them from ever doing any physical work again get offered $2000 to sign away their rights and clean out their lockers. Some of them were dumb enough to take it, too.
Dinosaur
How now, Mighty Sauron, that thou art not broughtlow by this? For thine evil pales before that whichfoolish men call Justice....
jim who would you rather get in the sack with, a lawyer who can only take 20% (max by Illinois state law) or the compassionate insurance company (who I'm sure has my best interest in mind). I'm not saying i like leeches, i mean lawyers, but who should i turn to. who should help me navigate the complex laws?
PANIC CHAOS DISORDER.........my work is done here.
No one has caught the line about the Co. reactivating a younger guy after you were laid off. What about asking a lawyer about an age discrimination case?DonDon Reinhard
The Glass Masterworks
"If it scratches, I etch it!"
yes, that is why I said lawyer. That is what a consult is for.
As for now, they have the ability to temp or even permanetly replace you depending needs, etc. Specially during rehab. They are not required to find "make work" for you, even though many companies will just to kepp law suits and worker's comp rates down.
Ideally, you should be compensated for your injuries according to the preset conditions in the WC plan. Since we don't live in an ideal world, I guess you have to hire a lawyer to get whatever is due you. If I were you, I'd do whatever I had to do, to do what I'd need to do. I can see both sides: yours, your employers and the WC and Lawyers too. Everyone wants to eat.
6BagE mail me through the site if you need a name and number of an injury attorney. I have a good friend who specializes in this area and he is in Chicago. He also handles comp work.
I can't help but tend to agree with you. Seems like some bad breaks (no pun intended) but stuff happens. When my body tells me it's time to move on then I'll do just that. Don't think I'll need a lawyer to help me. View Image
ponytl, let me fill you in. the first time i got hurt, i came back to work on a light duty basis. i had a set or restriction from the doctor. like i stated before, if there are things you can't, or won't do on the job (regardless of the reason#. no one wants you on their crew, because you slow down production. i get that, i did what i had to or felt comfortable doing. i don't have any hard feelings about it. the cause of this accident was some thing i did 100's of times before and since #i was dragging a 4' troweling across the floor#. my medical bills were paid, i was paid, i don't expect any further compensation.
this one is different. we were pouring pervious concrete #this is something new for use, we've never done it before#. we were using a bunyan roller http://bunyanusa.com/index.html , something we had never used. the readi mix supplier let us use their roller. the guy who brought the roller out to us insisted that we put down strips of 1/8" masonite on the curb to protect the roller. he then instructed us to oil the masonite so the roller slides across it easier. take a guess on what i slipped on. you got it, THE OILED MASONITE. so were am i going with this? this readi mix supplier wanted to promote their new technology, they were more then happy to lend us their roller with very little training, with ( hind sight) hazardous condition present, ie working on oily masonite. the company i work for was to cheap to properly train us on the proper use and hazard of this new machine.
this is more or less the safety policy of my company (and every other concrete company i have ever worked for), "get the job done, and if you have time be safe". you said,"if there was nothing that was any different than any other day and you just fell... I reaching here for why someone else should pay". what if every day was unsafe? who is responsible then? sure we all have the right to leave a job if we feel it's no safe, but then what? I'm not saying I've never done any that wasn't safe, but there is a liability to everything we do.
PANIC CHAOS DISORDER.........my work is done here.
I in no way ment to be hard... but your original post was lacking "facts"I can see alot of things/people I'd take issue with... and alot of fault to go around... like i posted... "if you were doing what you had always done the way you had always done it" but that wasn't the case at all now that you added the details..I hate anyone getting hurt on my job ... I'd always rather it be me... and thats exactly why if there is something i consider "dangerous" I'm the one that does it... never have I asked anyone to do something A. that I wouldn't do myself B. that I thought would hurt them C. that I wasn't sure they could do safely...I can see fault with the guy who delivered the roller and his "directives" more than anyone... your company maybe, but they'd have recourse against the guy who instructed you and promoted the use of his roller on oil...if you had tripped over some rebar that you had tied and placed on your way to a cup of coffee... I'd have a problem with call'n the lawyer on that...as a side note A guy i know with a scarp yard fires a guy for stealing cat. converters... they find 70 at his house... a few days later they find him crushed dead in the salvage yard.. that he had broke into the nite before to steal more cat converters... the car fell on him and killed him... the wife is sue'n for unsafe working conditions... you just have to wonder what kinda lawyer takes that kind of case...I wish you well... and yeah I'd find a lawyer
p:)
I would have this exact discussion with an attorney.
Would you have been fired if you had refused to work over the oiled masonite?
Good luck, but it sounds just like another comp claim with nothing extra.