ktpworker69 Posted August 8, 2008 Share Posted August 8, 2008 i have a friend at KTP who has permanent restrictions from a work related injury and was put on a NWA leave. now, workers comp and unicare is refusing to pay him, nor will they let him return to work to do jobs that are within his restrictions and have been approved by the plant doctor. is this breaking a law of any kind?? Quote Link to comment Share on other sites More sharing options...
CD4EMAN Posted August 8, 2008 Share Posted August 8, 2008 Call your local department of labor. Not the NLRB but the Dept. of Labor Quote Link to comment Share on other sites More sharing options...
ktpworker69 Posted August 8, 2008 Author Share Posted August 8, 2008 Call your local department of labor. Not the NLRB but the Dept. of Labor they told him that kentucky has the right to "let someone go" for any reason at anytime, and it sounds to them like ford was trying to get rid of him Quote Link to comment Share on other sites More sharing options...
Pioneer Posted August 8, 2008 Share Posted August 8, 2008 Is Kentucky a right-to-work state? Quote Link to comment Share on other sites More sharing options...
whatunion? Posted August 9, 2008 Share Posted August 9, 2008 Worker's Comp Laws vary from state to state. According to our flowback info, Kentucky is NOT a "right to work" state. There should be some recourse. I know Ford has been known to put people off on a "Class III" layoff. Don't know if they can still do that or not, but how it worked was, you would collect unemployment and subpay until unemployment ran out, then Comp would pick it up. At least that's how it worked in Michigan a few years ago. But, I heard they did away with that with the new contract. It was basically a "constructive firing". Anyway, If you are put off for a work related injury, in Michigan, Comp MUST cover it. There may be a waiting period of a week or so but after that you're covered. Quote Link to comment Share on other sites More sharing options...
ktpworker69 Posted August 9, 2008 Author Share Posted August 9, 2008 Worker's Comp Laws vary from state to state. According to our flowback info, Kentucky is NOT a "right to work" state. There should be some recourse. I know Ford has been known to put people off on a "Class III" layoff. Don't know if they can still do that or not, but how it worked was, you would collect unemployment and subpay until unemployment ran out, then Comp would pick it up. At least that's how it worked in Michigan a few years ago. But, I heard they did away with that with the new contract. It was basically a "constructive firing". Anyway, If you are put off for a work related injury, in Michigan, Comp MUST cover it. There may be a waiting period of a week or so but after that you're covered. well, i know 4 people thats in the same boat. workers comp is telling them they have reached MMI therefore, workers comp is no longer responsible. unemployment wont pay because its a work related injury, not a layoff, and unicare wont pay because its a work related injury, not an illness or a personal injury. :shrug: Quote Link to comment Share on other sites More sharing options...
driveshaftgrunt Posted August 9, 2008 Share Posted August 9, 2008 Without getting into the details, my wife has a client that had a workers comp issue with the company she worked for. She was lied to from day one, and info was withheld from her. Her family convinced her to get a lawyer, she had been reluctant because she was a loyal, trusting employee. Long story short, the lawyer made sure she got what was coming to her, which was MUCH more than anybody thought. Get a lawyer ASAP, and trust NOBODY else when it come to this. Lawyer up...... Quote Link to comment Share on other sites More sharing options...
nvsked Posted August 9, 2008 Share Posted August 9, 2008 well, i know 4 people thats in the same boat. workers comp is telling them they have reached MMI therefore, workers comp is no longer responsible. unemployment wont pay because its a work related injury, not a layoff, and unicare wont pay because its a work related injury, not an illness or a personal injury. :shrug: If they don't qualify for Unicare etc.... then I guess there is always Social Security...before it's all gone I also agree with the other poster get a lawyer.... Quote Link to comment Share on other sites More sharing options...
ktpworker69 Posted August 9, 2008 Author Share Posted August 9, 2008 If they don't qualify for Unicare etc.... then I guess there is always Social Security...before it's all gone I also agree with the other poster get a lawyer.... i understand about qualifing for unicare, but its a work related injury.....as in, hurt at FORD. so, now why is FORD not responsible? Quote Link to comment Share on other sites More sharing options...
stephenhawkings Posted August 9, 2008 Share Posted August 9, 2008 could be that they found him violating his restriction on his lesiure time, and are just too nice to tell him hes faking it, and they got proof. Quote Link to comment Share on other sites More sharing options...
ktpworker69 Posted August 9, 2008 Author Share Posted August 9, 2008 could be that they found him violating his restriction on his lesiure time, and are just too nice to tell him hes faking it, and they got proof. thats possible for one of them, but the others, no way. i know they are legit. Quote Link to comment Share on other sites More sharing options...
driveshaftgrunt Posted August 9, 2008 Share Posted August 9, 2008 People in the company are instructed to NOT inform you of your WC rights. They don't have to tell you s***, its like its some big secret. The case my wife and I are familiar with the company just "let" the poor woman go. She got a WC lawyer and before it was all over they had given her a job back, her back pay, damages, compensation for her travel......... Each case is different, and I don't know if the guys you're referring to have a leg to stand on, but advise them to find an experienced WC attorney. That's the ONLY way to be sure you aren't getting the shaft. Quote Link to comment Share on other sites More sharing options...
skye7 Posted August 9, 2008 Share Posted August 9, 2008 Lets see, your friend got hurt at work. Now Ford says we aren't paying them, there is no work. That would of been the day I went to a attorney. But that is just me. Hope your friend gets everything worked out... Quote Link to comment Share on other sites More sharing options...
ktpworker69 Posted August 9, 2008 Author Share Posted August 9, 2008 Lets see, your friend got hurt at work. Now Ford says we aren't paying them, there is no work. That would of been the day I went to a attorney. But that is just me. Hope your friend gets everything worked out... well, it didnt happen all in a day. its been over a period of time, first ford put him off work and was paying him, then they said its unicares responsibility and it was a long drawn out process getting denied by them, now ford is saying they have no work even though farmer has approved his restrictions and jobs for him to do but labor relations is telling him that those jobs are not an option. he has the seniority to hold the jobs but ford wont let him have them. i think he has an appointment with an attorney wednesday. Quote Link to comment Share on other sites More sharing options...
stephenhawkings Posted August 9, 2008 Share Posted August 9, 2008 is 'he' you? sounds like you know alot about this, but maybe not all of it, or your just lacking any of your own drama. Quote Link to comment Share on other sites More sharing options...
ktpworker69 Posted August 10, 2008 Author Share Posted August 10, 2008 (edited) is 'he' you?sounds like you know alot about this, but maybe not all of it, or your just lacking any of your own drama. no, but he is a friend that i went to school from 3rd grade until we graduated high school, enlisted in the military with, went to war with and got hired at ford 2 yrs prior to him. so, yes....i do know the situation very well. yes, im sure there is a little drama involved to it as well. what goes on at ford with no drama? Edited August 10, 2008 by ktpworker69 Quote Link to comment Share on other sites More sharing options...
driveshaftgrunt Posted August 10, 2008 Share Posted August 10, 2008 Here's an example of what they won't tell you. You have ONE year from the time you first reported an injury to open a WC claim. If you finally decide to have surgery one year and one day after your first reporting the injury, WC doesn't have to cover it. The company will stall you, and the doctor won't tell you this. It's probably more complicated than that.........but that's the gist of what I'm saying. Quote Link to comment Share on other sites More sharing options...
ktpworker69 Posted August 11, 2008 Author Share Posted August 11, 2008 is 'he' you?sounds like you know alot about this, but maybe not all of it, or your just lacking any of your own drama. well, my friend just came by at lunchtime today and said he took a list of jobs to labor relations, some of which have been approved by the company doctor, and labor still will not let him work...WTF? Quote Link to comment Share on other sites More sharing options...
ktpworker69 Posted August 17, 2008 Author Share Posted August 17, 2008 People in the company are instructed to NOT inform you of your WC rights. They don't have to tell you s***, its like its some big secret. The case my wife and I are familiar with the company just "let" the poor woman go. She got a WC lawyer and before it was all over they had given her a job back, her back pay, damages, compensation for her travel......... Each case is different, and I don't know if the guys you're referring to have a leg to stand on, but advise them to find an experienced WC attorney. That's the ONLY way to be sure you aren't getting the shaft. i know they act like its a big secret. they aint telling him shit, even when he asks questions they blow him off, or give some bullshit answer Quote Link to comment Share on other sites More sharing options...
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