Need Advice On Getting Back After The Fall...

Topic 24539 | Page 2

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Dave Reid's Comment
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It varies by state. Michigan is 7 days. Some are 3...some 14, etc. Some pay back to day 1 after the wait period, some don't. Michigan does.

It has been a few years but I believe there is a waiting period of 14 days for WC. You get back pay, but you have to miss 2 weeks to be eligible if I recall correctly

Grumpy Old Man's Comment
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I just asked my wife and she clarified. NY is 7 days.

Marc Lee's Comment
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It has been a few years but I believe there is a waiting period of 14 days for WC. You get back pay, but you have to miss 2 weeks to be eligible if I recall correctly

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Thanks Grumpy!

2 weeks as in not eligible / no compensation if injury does not keep one out for two weeks or 2 weeks as in I need to go 2 weeks before I see anything but I will be paid for my time off? And will it just happen through HR / Payroll or is it a 3rd-party (if insured, not self-insured) and will I need to do something to move it forward?

So I didn't go in today though I was apparently expected. Going in late afternoon for second run of the day with new trainer...

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I believe you are not eligible until you are out at least 14 days, and then you are covered back to date of injury

Thanks again Grumpy! Looks like I will be out for a while now... testing my blood sugars 3x / day, trying to get someone who can and is around to sign a piece of paper so I can get back to driving / training!

Marc Lee's Comment
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It varies by state. Michigan is 7 days. Some are 3...some 14, etc. Some pay back to day 1 after the wait period, some don't. Michigan does.

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It has been a few years but I believe there is a waiting period of 14 days for WC. You get back pay, but you have to miss 2 weeks to be eligible if I recall correctly

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Thanks Dave. Found this...

State of Wisconsin Department of Workforce Development

When Does Coverage Begin? Regardless of how long an employee has been working for an employer, or whether or not he/she is in a probationary or training status, coverage for Workers Compensation purposes begins on the first day of work.

However, in order to expedite the processing of your claim, you should immediately report your injury or ailment to your supervisor.

It is your employer's responsibility to report your injury to their worker's compensation insurance carrier (or claims handling office).

In most cases, the first payment will be made by the insurance company within 14 days of your last day worked. If payment takes longer, you should contact your employer or their insurance carrier to find out the reason for delay.

There is a three-day waiting period. The first 3 days of lost time after the injury are not compensable. Compensation is payable beginning on your 4th day of lost time. If your disability extends beyond 7 calendar days, the 1st 3 days of lost time would be picked up and paid retroactively.

Oh happy days!

Marc Lee's Comment
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HEY! I just had a thought...

As it is NOT my intent nor desire to be paid for not working but I am currently unable to return to my original position (as I don't have and can't get anytime soon a new Federal Medical certificate and card)...

What do you all think about my asking if there might be another "non safety-sensitive" position which I could do???

Certainly demonstrates good faith and "character" (IMHO). Could be a chance to learn another side of the business.

Thoughts?

Thanks!

Susan D. 's Comment
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I'm a little confused here.

So the workman's comp doctor/medical representative cleared you to return to work quickly. And you said you didn't have any broken bones, etc. and that a witness said you didn't use 3 points of contact, you apparently have admitted to that and mention gloves that weren't (my words) "grippy enough".

As a return to work requirement, you had to get another DOT physical, which you've been unable to pass, due to blood sugar?

I'm missing something, apparently. I don't see how the ability to satisfy a DOT medical recertification was directly caused by your fall. Are you sure, because you were already cleared by workman's comp to return, that this "new" problem with the DOT physical is even considered workman's comp.

I know, I know, call it splitting hairs or whatever, but is it a possible technicality, that makes you not eligible for workman's comp payments?

I do wish you the best and please keep us posted.

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Grumpy Old Man's Comment
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Susan is correct, WC only applies to the fall. The blood sugar issue is not work related.

Tim F.'s Comment
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A few years ago I fell off a trailer and drilled my shoulder into the ground. I’m quite sure I tore up a bunch of ligaments and muscles. I fought threw the pain. Couldn’t really use my shoulder for a few weeks. I did it safely and made it through.

It was stupid on my part...but part of the reason I did it was due to the story you told. It’s a great big hassle. Shoulder seem to recover and it close to normal today. The whole W.C. experience is horrible.

Good luck moving forward.

Marc Lee's Comment
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Thanks Susan / Grumpy / Tim.

Yeah... that sounds about right.

Just to clarify... I admit I fell! Purpose of 3 POC is to prevent falls. I fell so clearly I did something wrong or failed to do it right!

BUT... my honest belief is that I had 3 POC, missed the step and lost my grip while holding on to smoothly painted grab rails with my slippery gloves. To anyone but me not fixated on all 3 points I would think that would look like I just let go. Who knows! Maybe I did.

At this point the only issue i can see which matters is even if I was 100% liable, am I eligible for WC? Does my level of negligence (whatever the %age) make me ineligible for WC?

Susan, you are correct. I was cleared physically... 1st by Radiologist who viewed X-rays (fell Tuesday... OK to return w.o. restriction following Monday). Then after the EFA (Range of Motion) tests (tested Thursday, cleared Friday).

I tried to go back Wed., (new trainer was off Monday and Tuesday). I was told I needed the new DOT physical which I passed (Thursday) but ould not receive the new medical certificate. While that prevents me from driving a CMV it is not due to the physical injury per se... it is due to the inability to satisfy the paperwork requirements necessary to get a new Federal Medical certificate (which is a requirement to return to work after the fall).

Sounds like I will be lucky to get a week or of back pay as the physical injury portion will probably be counted at something between 6 - 10 days or so, depending on what "approval" one accepts. (I would think the last physical approval in the chain would be the right date... paperwork aside. Haven't been able to find how the amount is determined...

To be clear... blood sugars are great! Readings are 90 - 127 over several days... essentially "normal". (80 fasting and 120 2-hours after a meal is considered "normal" AND there is about a 10% margin of testing error (so 100 = 90 = 110!). The issue is I don't have the data needed to support getting the form signed and when I do the Endocrinologist will probably be out of the country. Primary care physician could do it but he may require even more data.

Tim, are you saying my "slippery glove" "explanation" was what happened in your case too or did you just leap off carelessly like it appears I may have???

If the glove fits... oh f!@# it!

Be safe everyone!

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

OWI:

Operating While Intoxicated

Susan D. 's Comment
member avatar

WC is horrible for sure. When I was in CDL school, due to my medical background and college degrees, I was offered a Safety Manager position at a large distribution center. The biggest part of the job would have been dealing with WC cases.

I don't know how to sugar coat this, but the true purpose of WC is to limit and control the company's liability in these cases. As a medical professional, I could not, with a clean conscience, take that position. I was trained and educated to actually help people who were sick or injured. I politely thanked them for offering me the position and declined, to complete my CDL school and become a professional truck driver.

WC.. ick. You're not allowed to see your own doctor and must see one that is contracted and paid for by your employer. To me, it's almost a conflict of interest between the company's benefit and your benefit.

Years ago when I was pregnant with my second child (who's now 31) I slipped on some stairs at work. I managed to catch the hand rail so I didn't hit my stomach, but I really tore up my ankle. As a heavy manufacturing facility, we had an RN on staff. She worked in the HR department officially. Helen came to my aid. I'm sitting on these steps in tears and she's thinking OMG you're extremely pregnant, going on maternity leave tomorrow, and really need to see your own doctor quickly.

She did me a solid. Our company had a wonderful healthcare plan, which employees didn't contribute a penny to, and we had absolutely no co-payment. Any care we received was 100% covered and paid for by the company. Companies sure don't offer those anymore lol.

She called my husband, and went to get a golf cart to transport me to the HR building which had a separate entrance (away from the eyes of upper level executives). The guys in my department, (I worked in the manufacturing engineering office) picked me up and carried me to the maintenance department where Helen was waiting with the cart. My husband left his work to come pick me up at the HR building and he took me to my obgyn. My employee file stated that I left early that day to begin my maternity leave. My doctor was told that I fell at home.

I wasn't worried about workman's comp because my company also paid 100% of my salary during my maternity leave of 3 months.

Those pesky ankles. Some of you know that just over 2 years ago I fell out of my truck at the Love's in Carlisle PA. While I did notify my company, I swore up and down I was okay and told them I didn't need to file a WC claim. Why? Because I'd so much rather see my OWN doctor. With my extensive medical background, I knew my ankle wasn't broken and knew how to take care of it. I sucked it up, made it home, took vacation time off to heal under the care of my own doctor. My company is awesome and they would have taken great care of me with no repercussions. But my knowledge of WC and that process.. my preference is to avoid it whenever possible, but you have to be darn sure that it's not going to be a long term injury, which is tough for an (medically) untrained person.

Now as a new employee who is not yet eligible for healthcare coverage, I'd have gone the dreaded WC route without hesitation, but WC is a dirty word in general in my opinion.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
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