Once you reach Maximum Medical Improvement for a Worker Compensation injury, is it better to quit, or be fired?
I perform intense numercial data entry 90% of my day for the past four years of employment. The intensity, and repetitivenes, has caused a possible nerve entrapment in my right elbow, tendonitis in my right shoulder, and a small size ganglion cyst in my right wrist. I have nerve pain radiating from my right ring/pinky fingers, thru my palm, wrist, forearm, elbow, front side of shoulder. The Dr has tested for Carpel Tunnel, and the EEC (?) came back normal, however he has told me that my physical exam shows I have ulnar entrapment. Shoulder mobillity is reduced. I was first seen in May, and have been through both physical, occupational therapies, as well as now Medical deep tissue massage. I was out of work one month. And have been on restricted duties the remainder of time. The Dr is stating he is anticipating MMI within the next 3-6 weeks. Since this injury is an extremety, I have had great difficulty getting attorney assistance. I have had good success calling the CO state labor board for questions. My employer WC Ins, Liberty Mutual has been compliant, thus far in payments. My managers, have been very difficult to communicate with, and I feel borderline harrassing. I am very concerned about possibly losing my job, and what that means to me financially, and for future employability. Colorado is an At Will state, and I understand that. They have accomodated me to this point. Does it matter at this point if I am voluntarily or involuntarily let go from my job for future benefit qualifications? My employer has said they cannot accommodate my injury on a full time basis, therefore, I am fairly confident, when and if I get to MMI, I will not have a job. I am worried about them making up some perfomance related reason for termination, to avoid any Unemployment responsibilities. Any suggestions on this? I am not on any performance warnings, at this time.
Anyone willing to offer expert guidance, or advice through this process?
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I would say your best bet is to fold up and walk on total disibility the company isnt going to do anything for you Its time to be in total pain and be unable to work your doc will have to go along if you are stating things that way then you will have no problem getting an atty I went through this 20 years ago I was able to pay cash for my home by the time i waqs done with them
GO and talk to an ATTORNEY… that is where expert legal advice
comes from…not a message board. Not being unkind, but you cannot
substitue responses you recevie here for valid legal guidance.
I read your blog frequently and I just thought I’d say keep up the
good work!