Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

I just signed away my workers compensation at work today

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion (Through 2005) Donate to DU
 
SRSU Donating Member (102 posts) Send PM | Profile | Ignore Fri Jun-03-05 06:16 PM
Original message
I just signed away my workers compensation at work today
Well looks like it's time to find a new job.

I am unbelievably upset about this.

I went to work today and management had groups of us go to the training room to watch a video. Ok, I thought this must be some refresher training or something. Wrong.

The company produced a video (apparently on a $10 budget it was that bad) informing us why signing away our workers compensations rights in the next 5 minutes was going to be a GOOD thing. It consisted of staged questions to a narrator from company "employees" (or at least people dressed like them) asking questions along the lines of "Why is the company plan better?" "Do I still have all my rights?" and other BS. This was the most Orwellian experience I've ever had.

Apparently this is something that they can now do in TEXAS and we were given a small booklet called "Injury benefit plan for Texas Employees".

Here are some highlights from "the plan" of things that MUST be done EXACTLY or the company is obligated to do NOTHING.

1. Apparently an injury must be reported within 24 hours (to the minute) - in your writing - of the time the injury occurred. Further, you must have seen a doctor in that time AND your doctor must write up everything in detail AND you must bring that in within that 24 hour window. How many people will be thinking they need to do that within 24 hours of being seriously injured? (assuming they are able to in the first place)

2. You must use a company approved doctor, hospital, or clinic. NO EXCEPTIONS. AND that "company approved" doctor MUST see you in that 24 hour window. Why do I have a feeling the company approved doctor is going to have a busy schedule and just won't be able to fit you in that 24 hour window? Of course I don't know because they didn't provide a list of approved doctors.

Further, there is a hospital *literally* within 5 minutes of the work site. The "company approved" hospital is anywhere between 45 minutes to an hour away. If I cut off my hand or fall off a ladder and crack my head I sure as hell am not going to the hospital that's 45 minutes away. But if that happens and you don't go to the approved one you're shit out of luck.

On the same page it says "Don't wait! Your injury might get worse if you delay reporting it to us" NO - it might get worse if you're spending your time driving 45 minutes when a hospital is 5 minutes away.

3. The customary drug/alcohol test.

What is this? How can this be legal? WHEN did this become legal? Considering the republicans control this state I'm sure the legislature allowed this convenient opt out program.

The booklet tries to justify it by telling you what a great plan it is and that other companies like "Home Depot" and others have similar programs. The plan is supposed to be great because it allows "fast handling of medical benefits".

So I signed the paper because it was made very clear if you didn't you could go home. The worst thing is that I had no choice in the matter except to be unemployed and I feel dirty and used because of it.

I asked some of my coworkers if they were pissed off about this and none of them seemed to care. One of them told me I was over reacting. Considering we've just all been screwed I don't think so.

What good is workers compensation if companies can now opt out of it? This is unbelievable, and as soon as I find a new job I'm just not going to show up. I'm not even going to give the greedy bastards notice. The company makes MILLIONS every year and they feel the need to screw every employee in the state like this???

Here's the last line of booklet which is a real laugh "Remember we want to help you. We will look forward to welcoming you back as soon as the treating physician issues a medical release saying you are able to return to full or modified duty." Yes, I can tell the company is very serious about "helping" injured employees.

I don't know how we got to this point of corporations getting away with things like this, but it's getting REDICULOUS people.
Printer Friendly | Permalink |  | Top
faithnotgreed Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 06:19 PM
Response to Original message
1. they told you if you dont sign it you can go home?
horrible. im sorry youre so upset

what exactly did they say? is this a full time job or temporary .....
Printer Friendly | Permalink |  | Top
 
cornermouse Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 06:19 PM
Response to Original message
2. Two weeks notice is not to benefit them.
Its to keep your own record clean. That's the way I would look at it.
Printer Friendly | Permalink |  | Top
 
RBHam Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 06:20 PM
Response to Original message
3. Welcome to the new, improved Great Society.
You should get in on the ground floor. Get some investors together and bankroll a chain of Debtor's Prisons and Workhouses.
Printer Friendly | Permalink |  | Top
 
2Design Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 06:20 PM
Response to Original message
4. self delete
Edited on Fri Jun-03-05 06:20 PM by 28erl
Printer Friendly | Permalink |  | Top
 
SoCalDem Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 06:24 PM
Response to Reply #4
14. In 'right-to-work' states there's a lot of 'anything goes'
It's probably legal.. shitty..but legal
Printer Friendly | Permalink |  | Top
 
Gelliebeans Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 10:39 PM
Response to Reply #14
59. sorry to sound ignorant
but do you know what California's rules are that apply to WC?
Printer Friendly | Permalink |  | Top
 
SoCalDem Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-04-05 01:42 AM
Response to Reply #59
63. All I know is that Ahhhnold has tried to cut back on it
I don't know what changes have actually happened though.. I do not work, so I don;t know:)
Printer Friendly | Permalink |  | Top
 
UCLA Dem Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 06:20 PM
Response to Original message
5. This is what happens when repukes are in change.
Printer Friendly | Permalink |  | Top
 
KamaAina Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 06:21 PM
Response to Original message
6. I just knew it was gonna be Tex-ass before I even clicked
I just re-read Fast Food Nation. Seems companies in Tex-ass can actually opt out of the workers' comp system! Naturally the big meat processors have glommed on to this loophole and are heading down there in the biggest cattle drive seen in many years.

You guys deserve better than this. Why not rise up and drive the swine out of the temple?
Printer Friendly | Permalink |  | Top
 
SRSU Donating Member (102 posts) Send PM | Profile | Ignore Fri Jun-03-05 06:24 PM
Response to Reply #6
12. Damn it
Did it say when this became allowed to opt out? I don't know how the hell I missed this one. Obviously the media didn't report it.
Printer Friendly | Permalink |  | Top
 
KamaAina Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 06:50 PM
Response to Reply #12
29. It appears to have been that way since Day 1
1913, to be precise, when Texas established workers' comp.

http://www.tdi.state.tx.us/company/roc/mon6-4nonsub.html

Since the Texas workers’ compensation (WC) law was enacted in 1913, private sector employers have been allowed to opt out of the state’s WC system.1 Firms that choose not to obtain WC coverage (hereafter referred to as “nonsubscribers”), however, lose the protection of statutory limits on liability and may be sued for negligence by an injured worker....

It is estimated that in 2001, 35 percent of the employers in Texas had opted out of the WC system, and they employed approximately 16 percent of the Texas workforce. The current estimates represent a substantial decline from 1993, when the first study of employer participation in the WC system was released, which showed that 44 percent of all employers were nonsubscribers, employing an estimated 20 percent of Texas workers (see Figure 1).


What's surprising, I suppose, is that it took so long for the corporate greedheads to catch on to this. Expect a wave of asbestos factories, pesticide plants and the likie to head down your way. :puke:
Printer Friendly | Permalink |  | Top
 
Postman Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 06:21 PM
Response to Original message
7. I assume you have no labor Union ??
if not, try to organize co-workers into forming a Union.
Printer Friendly | Permalink |  | Top
 
SRSU Donating Member (102 posts) Send PM | Profile | Ignore Fri Jun-03-05 06:21 PM
Response to Reply #7
8. None what-so-ever
Edited on Fri Jun-03-05 06:29 PM by SRSU
And that's exactly why they can do this. No one even seems to care. This is straight out of the employee hand book:

"NONUNION STATEMENT

This is a nonunion company and it is our desire to remain so. This position enables us to communicate directly with our employees on a one-to-one basis. We believe it's important to maintain this direct, effective communication that saves our employees the burden of unnecessary dues and assessments. Further, we contend the business upon which we all depend for a livelihood can best continue its successful growth in a flexible, nonrestrictive environment. Obviously, an organization of our size is not without problems. However, company personnel policies and procedures have made it possible to discuss and resolve these problems on an individual basis without outside assistance.

Employees are encouraged to discuss any concerns with their immediate supervisor, human resources, or management. All problems are heard considered and resolved in the fairest way possible.

As individuals, employees have a right to think, act and speak for themselves. We respect this right and encourage the exercise of this privilege throughout one's career"
Printer Friendly | Permalink |  | Top
 
Postman Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 06:27 PM
Response to Reply #8
17. It's also your right to collective bargaining.
you're paying the price of ignorance when it comes to people not knowing the history of labor and its place in political/economic spectrum.
Printer Friendly | Permalink |  | Top
 
Stephanie Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 09:47 PM
Response to Reply #8
54. this is your opportunity to become a union organizer
you and your co-workers are being used and abused. I would contact the relevant union and have a discussion with them, just for informational purposes.
Printer Friendly | Permalink |  | Top
 
doodadem Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 06:22 PM
Response to Original message
10. I thought Workman's Comp
was a federally mandated program, but maybe it's state run. What kind of work do you do?
Printer Friendly | Permalink |  | Top
 
WillowTree Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 10:34 PM
Response to Reply #10
57. Texas is the only state in the union...
....where Worker's Compensation is voluntary. Employers can opt not to carry Comp at all, but if they don't, an injured employee can sue over his or her injuries.
Printer Friendly | Permalink |  | Top
 
Sanity Claws Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 06:22 PM
Response to Original message
11. OMG
I thought it was illegal to sign away your workers comp rights. I thought all such agreements were void as against public policy. Maybe you and other employees should consult with a labor attorney in TX.
TX is the wild, wild west.
Printer Friendly | Permalink |  | Top
 
lostnfound Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 09:25 PM
Response to Reply #11
50. Actually they had a story on KPFT news about it this week.
I'll try to find it in the archives.
Of course KPFT is the only station to talk about it.
Printer Friendly | Permalink |  | Top
 
China_cat Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 06:24 PM
Response to Original message
13. When we had company provided insurance
they changed the rules without bothering to let anyone know. It was considered legal because the supervisors had copies of the changes that were available for anyone to look at...if they were notified of course.

I was removed from my husband's insurance because I collapsed at a performance event at the colisseum unable to breathe and the attendants there called EMS. I didn't know that we were no longer allowed to use EMS unless we were unconscious, in danger of bleeding to death (severed artery) or definitely having a heart attack. We were also no longer allowed to go to any emergency room without permission from the pcp...in writing. And it didn't matter that we didn't know these things...the papers were on file and all you had to do was ask to see them. (I seriously believe someone had been reading HHGTTG and taken it a bit too much to heart)

Printer Friendly | Permalink |  | Top
 
LaurenG Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 06:25 PM
Response to Original message
15. What state are you in?
I think that this may be totally illegal. Talk to someone HR in your state. That sounds WRONG.
Printer Friendly | Permalink |  | Top
 
SRSU Donating Member (102 posts) Send PM | Profile | Ignore Fri Jun-03-05 06:22 PM
Response to Reply #15
9. This is Texas
And "the plan" is specifically for our state. It sounds like some kind of legislation was passed allowing this in Texas, but that's just my guess.
Printer Friendly | Permalink |  | Top
 
bobaloo2 Donating Member (66 posts) Send PM | Profile | Ignore Fri Jun-03-05 06:27 PM
Response to Reply #9
16. It's worth checking out
I used to work in worker's comp (in another state), but in most places this would be illegal. It would be worth making a call to your state worker's comp agency just to check, or look in the phone book for work comp attorneys and check with one of them. Companies have been known to do illegal things...
Printer Friendly | Permalink |  | Top
 
LaurenG Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 06:44 PM
Response to Reply #9
26. I was joking about the what state part
of couse it's Texas. (so typical of a bu**, delay state.) You really need to talk to someone who you probably already know who has knowledge of this. I have a hard time believing they can do this.
Printer Friendly | Permalink |  | Top
 
meg Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 06:30 PM
Response to Original message
18. How about seeing a labor attorney?
There are some who specialize in labor issues. If you have the money for a first visit (if there is a charge), at least you will have an idea about what your rights are.
Printer Friendly | Permalink |  | Top
 
SRSU Donating Member (102 posts) Send PM | Profile | Ignore Fri Jun-03-05 06:34 PM
Response to Reply #18
19. I doubt that will do any good
From what KamaAina said it's legal in this state to do this now. (and that exactly the message I got from what we were told)

This is a right to work state. Workers rights are not very big here.

Even if there is some kind of legal option I don't have the money to bring suit against a multi-million dollar company.
Printer Friendly | Permalink |  | Top
 
BikeWriter Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 06:34 PM
Response to Original message
20. Shafted!
Printer Friendly | Permalink |  | Top
 
SusanF_CA Donating Member (63 posts) Send PM | Profile | Ignore Fri Jun-03-05 06:35 PM
Response to Original message
21. my first thought
Go to the yellow pages and find an attorney that specializes in Labor issues. This sounds real shady...
Printer Friendly | Permalink |  | Top
 
maveric Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 06:36 PM
Response to Original message
22. So they said sign away your rights or your fired? Call the ACLU!
This is bullshit!
Printer Friendly | Permalink |  | Top
 
Horse with no Name Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 06:40 PM
Response to Reply #22
25. Legislation passed.
This practice is now legal here. ACLU can't do a damn thing.
Printer Friendly | Permalink |  | Top
 
maveric Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 07:45 PM
Response to Reply #25
38. So in Texas its ok to force people to sign away their constitutional...
or lose their job in refusing to do so?
WTF is that shit? :wtf:
Printer Friendly | Permalink |  | Top
 
Horse with no Name Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 09:26 PM
Response to Reply #38
51. It's Texas.
What can I say?
We have no rights as employees here.
Printer Friendly | Permalink |  | Top
 
WillowTree Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 10:57 PM
Response to Reply #38
62. There is no constitutional right...
....to Worker's Compensation insurance.
Printer Friendly | Permalink |  | Top
 
Horse with no Name Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 06:39 PM
Response to Original message
23. Well in the scheme of things
Edited on Fri Jun-03-05 06:44 PM by Horse with no Name
You're fucked if you get hurt on-the-job in Texas anyway, regardless of who underwrites the WC.
Just depends on whether you want your employer or the state to do it.
That's all it is the question of.
Used to be you could use any doc or healthcare facility with TWCC, now you have to use their approved docs.
There isn't any difference really.
NONE of them are going to rate you as you should be.
When I hurt my back, TWCC based all of their decisions on an MRI that was of such poor quality that the neurosurgeon wouldn't even acknowledge it.
But, I couldn't even get in to see the neurosurgeon until I was rated and on my way out of the system.
Myself, my treating doctor, the neurosurgeon, and my attorney all contested the impairment rating.
It didn't do a bit of good. That doc is no longer allowed to treat WC patients, and as soon as the money dried up, the attorney signed off on it--told me I didn't have a snowballs chance in recovering anything else.

Printer Friendly | Permalink |  | Top
 
Warpy Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 06:39 PM
Response to Original message
24. Start looking NOW.
Because they've put an unreasonable time limitation on you (24 hours is not enough) and a limitation on where you can be seen (and if you're seriously injured, you're going to the HOSPITAL, not some tame GP the company uses to deny claims), this is a transparent attempt to withdraw any protection you have on the job.

It's just too bad that you're going to have to put in two weeks there. You're running a serious risk in doing so.

When you quit, be sure to tell them why, though. Be polite, just tell them that you don't like having your health unprotected.
Printer Friendly | Permalink |  | Top
 
seabeyond Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 06:45 PM
Response to Original message
27. thye have been able to do this about a decade in texas
Edited on Fri Jun-03-05 06:48 PM by seabeyond
the employee is still covered whether workmans comp, privately insured by business or no isurance still afforded all the rights as a person on workmans comp

a decade ago workermans comp was a mess. terribly expensive and hard on business to be able to cover. they allowed companies to privately insure or be responsible. the last five years though texas has done a lot of work on workmans comp and it is now more affordable. from what i understand it doesnt behove a business owner to privately insure as it did in the past. maybe, probably this owner will realize. regardless the employee is covered
Printer Friendly | Permalink |  | Top
 
chalky Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 06:50 PM
Response to Original message
28. Good God.
Edited on Fri Jun-03-05 06:50 PM by chalky
Words are failing me, here.

I'm in Texas, too, so I'm sure we'll soon be reaping the "benefits" of this new development at my lemming of a company.

And I can't help but note the creepy similarities between that company produced video they showed you and the Chimp's fake "Town Hauls".

Printer Friendly | Permalink |  | Top
 
seabeyond Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 06:58 PM
Response to Reply #28
31. companies have been able to do it for a good decade
this company just chose it now. but has been here a long time. not something new
Printer Friendly | Permalink |  | Top
 
chalky Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 07:41 PM
Response to Reply #31
37. New or not, it still sucks. n/t
Printer Friendly | Permalink |  | Top
 
seabeyond Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 08:11 PM
Response to Reply #37
40. i had a company do it and didnt effect me at all
Edited on Fri Jun-03-05 08:12 PM by seabeyond
why should it suck.

on edit: is it a well run company. pay their bills, producing well. i wouldnt allow this to be the influencing factor of whether i stayed or left. if i liked the job
Printer Friendly | Permalink |  | Top
 
chalky Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 08:50 PM
Response to Reply #40
43. Out of curiousity, have you ever needed workers comp?
And what was the benefit to you for signing it away?
Printer Friendly | Permalink |  | Top
 
seabeyond Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 09:15 PM
Response to Reply #43
48. i was equally insured
as are you. you know that cheap film, that was produced not to entertain, but educate you on what you receive. and the booklet that gives you the information.

it is giving you all the information that you are covered. equally, right? so what does it matter to you if it is workers comp, or insurance.

now before talking to you i did some research to get the information correctly, and i dont think your employer is doing right by himself. from what i hear, with the fixing of workers comp last couple years it isnt so bad. and now the owners will personally be liable. you dont lose your rights. talking to people in business who knows this stuff told me not to do it. i wasnt going to. but that tells me something for this business owner to tell me this.

do you like your job. are you satisfied in your job. is it a good job.

then keep it.

i am with your co workers.
Printer Friendly | Permalink |  | Top
 
chalky Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 09:45 PM
Response to Reply #48
53. First of all, I think you're mistaking me for the OP.
Secondly, I can't speak for the OP regarding his insured state, but in our company, our options in insurance have shrunk tremendously in the past few years and our out of pocket expenses and our share of the payments have increased.
Our insurance certainly doesn't cover lost wages, so if the worker's comp goes at MY company, the employees are TOAST.

And finally, the 24 hour turnaround that the OP mentioned is pretty much proof that the job, however "satisfying", however "likeable", and however "good" it might be, is one to walk away from. Especially when even the http://www.twcc.state.tx.us/index.html">Texas Workers Compensation website states: "You must report your injury to your employer within 30 days from the date of the injury, or from the date you knew your injury or illness was related to your job. If you do not notify your employer within these 30 days, your right to obtain benefits could be lost."

So, sorry, but the OP is getting S-C-R-E-W-E-D.
Printer Friendly | Permalink |  | Top
 
seabeyond Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 10:15 PM
Response to Reply #53
55. sorry, i thought you were the op
Edited on Fri Jun-03-05 10:16 PM by seabeyond
the insurance you refer to is seperate of the insurance that would replace workers comp. yes that insurance has been a pain in hte ass i assure you. we were paying 734 a month with 1000 deductable and 20 copay. just a month ago it went way up. we increased deductable to 1500 and 30 co pay and are paying 960? a month. and the coverage seems to be less after a hospital visit. i am in the middle of trying to figure that out. health insurance is killing employers and employees alike. it is horrible. squarely on bushco's shoulders i agree. why i so badly wanted kerry in, and one of the reasons i was most disappointed. but again i say, they are two seperate coverage.

there is no wiggle room in what is covered under the law of opting out of workers comp. they have to be comparable. the employee doesnt lose any of these rights. they are guarenteed.

the other issue, giving 30 days, this appears to be in written form, not in notifying of injury. i would need clarity on this. every company i have worked with, and all i know that have businesses, insist, that any injury is immediately reported. before stepping off of property, period. i believe this is in most company policies, maybe. but i know that the businesses i have actually talked to about injury on job, there is no waiting period. if there is an injury, it has to be immediately told to owners. otherwise who is to say you didnt do it outside of work. any owner would fight a claim that wasnt reported immediately.

that doesnt seem unfair. lose a finger, i would think it owuld be immediately reported.

the reason i suggested if you like the job was ok with job, then getting worked up about this shouldnt dictate leaving. i dont htink it should be a reason to leave, unless you arent happy anyway and this is a final straw

the writing within 24 hours, that one seems extreme, but if you are getting immediate medical care, which you should, i dont know why that would be a problem.
Printer Friendly | Permalink |  | Top
 
LaurenG Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 06:54 PM
Response to Original message
30. Looks like WC benefits
Are voluntary for most employers in the state of Texas. Still check this out with someone in the field or call them. Here are some links.

http://www.twcc.state.tx.us/information/fs/employer_responsibilities.pdf
http://www.twcc.state.tx.us/information/publicinformation.html
Printer Friendly | Permalink |  | Top
 
Chicago1 Donating Member (560 posts) Send PM | Profile | Ignore Fri Jun-03-05 07:02 PM
Response to Original message
32. I'm very sorry to hear this....this is sad
This was very sad to read. I couldn't believe my eyes. Make sure you're keeping notes when the tides turn and Kerry & Edwards are in office.

Waiting for the IMPEACHMENT WHILE THE SCANDALS KEEP UNFOLDING
America's Work Stories
http://usaworkstories.blogspot.com
usaworkstories@aol.com
Printer Friendly | Permalink |  | Top
 
proud patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 07:06 PM
Response to Original message
33. Call 60 minutes
:wow:
Printer Friendly | Permalink |  | Top
 
seabeyond Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 07:12 PM
Response to Reply #33
34. it is legal.......
they have been doing this for a while. a decade. employee is still covered and afforded all rights, legally

my father did it in his business 7 years ago. then workmans comp was fixed a lot by the state and he is back on it.
Printer Friendly | Permalink |  | Top
 
SeattleGirl Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 07:12 PM
Response to Original message
35. Each state is different
I work in the worker's comp field (for a private company) in Washington State, but have also done out-of-state work on Idaho, Montana, Oregon, and California cases, and the laws are all different in each state. I would definitely take the suggestions of the other's here and either talk to an attorney who knows the worker's comp system (and make sure they do -- I know that in our phone books, under the Attorney's listings, they are divided up into categories, including Labor and Worker's Comp). Or look up the laws in the state. Unfortunately, companies, especially if they are self-insured, self-administered, can come up with their own (unreasonable) rules and guidelines; however, in Washington, they are still under the overall umbrella of the Washington State Department of Labor and Industries, so there are rules and laws and procedures the self-insured companies have to follow. They can't do just anything they want. That's what you need to check out. Maybe it's acceptable in Texas for a company to set these kinds of guidelines, but I would look into it to make sure.
Printer Friendly | Permalink |  | Top
 
Digit Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 07:13 PM
Response to Original message
36. WC is not a cake-walk, either, but this is signing your life away
You have some protections under w/c, but it sounds like you don't under this plan.
Yep, I would agree that the hospital will most likely not be available to you or some such nonsense.
Welcome to Bushworld......
Printer Friendly | Permalink |  | Top
 
Deja Q Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 07:47 PM
Response to Original message
39. It's our culture of life.
More people need to tie in corporate evil to *'s inane dialogue. * and his friends support corporations to an extremely biased level.
Printer Friendly | Permalink |  | Top
 
LiberalFighter Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 08:20 PM
Response to Original message
41. It appears to me that if they don't have WC then individuals can sue
the company on their own when they are injured on the job

That was the purpose of implementing WC... reduce the time for claims to be awarded
Printer Friendly | Permalink |  | Top
 
Poppyseedman Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 08:21 PM
Response to Original message
42. 3. The customary drug/alcohol test is actually to cover your butt
That way you can't be denied W/C benefits if you file and are accused of drug use that lead to your injury.

In litigation, the slicker lawyer will ask if you ever used drugs before and how do we know you were not using at the time of your accident on company time, putting the blame on you.

It also covers the companies butt if you hurt someone else while on the job.

It's simply a good business practice that takes a potential angle away from a lawyer suing a company or you.
Printer Friendly | Permalink |  | Top
 
Stephanie Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 08:54 PM
Response to Original message
44. Someone please explain to me why this is legal.
I thought workers comp was a federally mandated program, i.e., they could NOT opt out. What has happened? Oh my GOD I hope there is a God that George Bush has to face one Judgement Day.
Printer Friendly | Permalink |  | Top
 
WillowTree Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 10:39 PM
Response to Reply #44
58. No. Worker's Comp is legislated...
....on a state-by-state basis.
Printer Friendly | Permalink |  | Top
 
DocSavage Donating Member (594 posts) Send PM | Profile | Ignore Fri Jun-03-05 08:58 PM
Response to Original message
45. Looks
like the company opted out of the state program. They are still required to have a workmans Comp program, they just are going to do it themselves. I work in medicine. I am pretty sure the stict reporting policy is to protect the Company. Now, before you go ape, cosider that back pain and the cause of it can sometimes never be diagnosed. See a lot of back pain, see a lot of people on disability because of back pain. Tough to prove that it is there or not there.

If you fall and break your leg at work, you are going to be covered, slam dunk law suit if you are not.

As for the drug tests, well is the company private? If so, they can set the terms for employment. Look at all of the companies requiring thier employees not to smoke, at work or at home. You want the job, thats what you have to do.
Printer Friendly | Permalink |  | Top
 
solinvictus Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 09:07 PM
Response to Original message
46. Welcome to the future..
When my department at CIGNA Healthcare was taken over by Affiliated Computer Systems, we had to sign a booklet of waivers that essentially surrendered most NLRB and litigation rights in favor of the company. This is ridiculous, and it shows how weak labor is in America. We need a real Labor Party.
Printer Friendly | Permalink |  | Top
 
Wiley50 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 09:09 PM
Response to Original message
47. I've worked on Workman's Comp Waiver for 27 years



I was a floorcovering installer for 27 years. To get any work from a carpet store, I had to work as contract labor, on a IRS Form 1099 and sign a waiver to absolve the store from any workman's comp liability.
I had to buy all of my own instal;lation supplies and hire any helpers needed. After overhead, I cleared only about $15000 a year. I couldn't afford medical coverage. I always paid 13% SS self- employment taxes as well as IRS.
I first hurt my back in 1986 and it got progressively worse over the years. Without coverage and any way to pay for imaging (Xray, MRI, ect)
I couldn't get a doctor to do any more than tell me to lay on a heating pad and take aspirin.
The last 5 years I could no longer turn out enough work to really survive and was unable to file my taxes or pay into SS. I was too stubborn and too in debt to quit. I began drinking a lot as it was the only meds I had access to that worked at all for pain. I was also taking dangerous amounts of OTC pain meds.
I remarried in 1999 and got medical coverage through my wife. I got to an Ortopedic Surgeon who took one Xray, took one look and said," No wonder you hurt, your spine looks like a train wreck." He operated in early 2000 which only made it worse. Degenerative Disc Disease, 10 discs involved and Osteoarthritis in both knees.
I filed for disability in March 2001. I was told that I still qualified for regular ( Title 1 ) disability, although my coverage would end in a matter of weeks. I got in under the wire, I thought.
My claim was sent to the TN Dept of Disability Determination. Six months later, when they denied my claim, I was overmedicated with morphine and mismedicated with anti deppressants. I was a wreck who was not able to appeal the claim in the 60 days mandated.
Two months later, when they got my meds under control, I contracted a para legal, for help in filing a late appeal for good reason.
SS told her that I had to file a new claim and only was eligible for SSI now. We did that and the claim was denied because of my wife's income. That was the last straw for my marriage and my mortgage. I lost both house and wife.
I filed again in May 2002. DDS sat on the claim for one year and notified neither I or my attorney when they denied that claim. Two months later we asked and were informed. This time they let me file a late appeal as it was cleary their fault.
They then denied the appeal. Next step was a one and a half year wait for a hearing.
My attorney had always told me that we would try to get my original claim reinstated at that hearing.
My claim hit the ALJ's desk on Feb 25, 2005. He took one look and approved my claim as of 8/02. I never got a hearing.
Although I wanted to pursue the first claim, the ALJ and my attorney both said if it was sent to the SS appeals council that they could overule the ALJ's judgement and deny everything. It was best to settle for what I had.
I figured that sice the owed me over $18000 back pay ( 25% to lawyer) that I could live with that since I had been living on little but foodstamps for 3 years.
My lawyer said to create debt for back rent from my Mom or they would pay the back pay in 3 installments 6 months apart. So I did so.
SS iignored the rent debt calling it a gift of " Food and shelter" and deducted that amount from all back pay months.
They also deducted the gross reciepts 1099 from my 2004 pay and used it to reduce my 2005 SSi payments too. I actuaklly made $440 net from that buisness in 2004 but they chargewd me back for $2190 .
Bottom line: They reduced my back pay to $1200 and are now paying me $204 a month instead of the $579 I'm supposed to get. They also left two years payy off of my judgement.
I filed appeal and they found the two years as it was on my judgement directly above the ALJ signature. Awarded me another $4100 but won't tell me when they'll pay it. It does not change my monthly benifit of $204
They say further appeal wqill have to await a heaering by an ALJ, 18 months from now.
If they had granted my original claim in 2001 I would still be married and wouldn'tr have lost $80,000 in equity when my home was foreclosed.

Tell me again how helpfull SS is.
Right.
Printer Friendly | Permalink |  | Top
 
tsuki Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 09:18 PM
Response to Original message
49. Small biz person here. What the WC insurance did not tell the small
biz person is that they can be sued PERSONALLY. Big companies did this because they have lawyers on retainer, and can out last the employee, but the small biz person is screwed. You get sued personally, your WC opts out for a 2% deduction in your premium, it is all on you.

I told those SOBs that I was not the effing narcs, and if they had a problem with drugs in the system, it was there problem. NO TESTING. If I caught an employee taking drugs on the job, it was both his warning and his severance.

Now, I have found out that those that signed on to drug testing, it is all drug, prescription or illegal. High blood pressure or LSD, no difference.

This is all about insurance companies, the shadow government of the US.
Printer Friendly | Permalink |  | Top
 
seabeyond Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 10:23 PM
Response to Reply #49
56. we pay into wc
i hadnt heard anything about the drug thing that you are talking. but that is why it was suggested you dont want to self insure. that the owner is setting themselves up to be liable. what state are you
Printer Friendly | Permalink |  | Top
 
tsuki Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-04-05 01:58 AM
Response to Reply #56
64. Florida.
Printer Friendly | Permalink |  | Top
 
seabeyond Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-04-05 11:19 AM
Response to Reply #64
66. so from this thread i see individual state
what is it you are talking about drug choice, for wc. and someone mentioned would be all drugs, even medicines. what you have in florida, comes to me i am sure, lol in texas. and this will be an issue to talk to people this summer. we have perry signing a bill in a church. there are a lot of things to talk about this summer.

i think a lot of what a democrat has to do today is start getting all the shit out to locals. and i mean just the facts.

my father owns business and did this 7 years ago for good business solutions to a problem with wc. he has since, i learned, switched back to wc. and really i think because he saw the risk to himself. he has no desire to fuck an employee when they are hurt. he follows law, if he is told to pay, he will. he is not a monster.

so i am kinda thinking pulling this out of non truths, fear, hyperbole and present the facts on this. my father would be one in our business community suggesting wc.

i called him and asked him to explain all this to me the last nite. he felt good that i listened to his expertise. when i told him where i was giving information, he SCOFFED at me. i challenged him at dismissing the work i was doing, to get facts, and have an understanding, to share with others.

i am a part of the business community, and i see a lot of smart good guys and gals in that community. i dont give up on them. and they are the ones influencing local commerce.

we are better than this and can find a neither are screwed scenario.

Printer Friendly | Permalink |  | Top
 
fob Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 09:36 PM
Response to Original message
52. Sounds like it's time to work the HELL out of your new "plan"!
Bump your elbow? Grab your keys and head straight to the company approved doctor!

First thing is to get a list of company approved doctors and make appointments with everyone for the next two weeks. Shit happens every day so you'd be wise to be prepared, like the pamphlet said if you wait your injury could get worse!

Papercut? Damn get your ass the the CAD! I don't know what kind of work you do but unless it's MTV Video watcher, it's dangerous with all kinds of hazards.

What are they gonna do if you do go to the CAD 10 days in a row, afterall they want to help you, right?

Work that shit until they see the error of their ways. Hell make a few appointments for your boss and co-workers too, can't be too careful.

And just in case it's not coming through all the way, I AM COMPLETELY SERIOUS.


I worked for a company a few years back that enforced the no OT for over 8 hrs with less than 40 hrs in for the week. Problem was the Over8/Over40 law was repealed which allowed them to do that legally but was then reinstated only the company didn't update their policy. I didn't catch the change initially but about 6 months later some story came up reporting on it and I brought it to their attention and after many meetings and phone calls between my boss and corporate me and 4 of my coworkers got our ILLEGALLY witheld back pay. Made a few sneers from the uppers but me peers more than made up for that. They thought I was friggin Robin Hood! I'll bet in a way the higher ups thought the same way.

Here's to you and the fight ahead. Never Surrender!
Printer Friendly | Permalink |  | Top
 
jayctravis Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 10:40 PM
Response to Reply #52
60. Yeah!
It's very lucky you didn't sprain your hand signing that paper...welp...better get going if you're going to make it to the hospital. Oh, and the paper unsigned. Oh. How very unfortunate!
Printer Friendly | Permalink |  | Top
 
uncle ray Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-04-05 02:01 AM
Response to Reply #52
65. what state do you live in?
that requires overtime pay over 8 hours? i've never heard of that.

btw, i agree with milking their "plan" for all it's worth, of course i would probably have let them fire me before i signed off my rights.
Printer Friendly | Permalink |  | Top
 
KT2000 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-03-05 10:54 PM
Response to Original message
61. I think this is happening across the country
in Washington it is called "self-insured" companies.

They will deny an accident took place, they will deny that an illness has occurred and not pay a dime. You will be required to pay for your own medical care and testing and evaluations to counteract the bogus reports filed by their own crooked doctors.
Try to imagine whether or not you will have medical coverage if you are unable to work because of this injury/illness.

Once this happens to people, they become invisible. Social security disability is denied for years and MAYBE you could get welfare, but that is after you have exhausted all assets and your car is not worth more than a couple thousand.

Your co-workers are ignorant. This is the new reality for cost-cutting measures.
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Thu May 02nd 2024, 07:27 PM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Archives » General Discussion (Through 2005) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC