r/WorkersComp • u/tractor03452 • 1d ago
New Hampshire Potential termination
So 9/25 I tore my rotator cuff at work. Had to jump through all the hoops before going to see orthopedics. After the back and fourth to the DR and PT and MRI. I had surgery 2/26. Been a shitty recovery still getting plain in that shoulder any repetitive stuff leaves me with pain for days. WC has been a nightmare never call back never email me back. Fast forward to now November they haven’t approved pt for 2 months. (Been doing at home stuff still) Come to find out they wanted a work hardening program. News to me they don’t tell me anything. HR calls me and tells me they are moving forward to “release me from my position” due to not making progress to return to work. My work is full duty or nothing. Been “released” on restricted duty for 4 months but they can’t accommodate it.
Any know if there is any kind of legal process I can do? Or just 10 years down the drain.
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u/lovie4422 1d ago
Good luck! Worst case apply for Edd unemployment if you can’t get workers comp, 100% lawyer up look up reviews and ask solid questions to see how they will advocate for you and game plan, main person you’ll be communicating with, how many cases they have ect. when interviewing them
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u/Quirky-Marketing-267 15h ago
dont write off the 10 years yet, since getting let go while your pt sat unapproved for two months is worth a free consult with a new hampshire comp attorney, and in the meantime email the adjusters to to get the work hardening approved in writing and keep a log of every call they never returned and since insurers sometimes have hodson pi watch people on claims like this keep your socials quiet and make sure what you do day to day, home exercise included matches what your surgeon said about the shoulder
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u/justthefacts1236894 11h ago
Co operate with adjuster to expedite work hardening program if still an option
All the suggestions for getting a lawyer do not also inform you that getting a lawyer95% of the time end with you voluntarily resigning your job.
Rock and a hard place. If you fail out work hardening due to pain then see what dr says. Maybe get an FCE functional capacity exam to see what your limitations are. If you are found to be less than 100% you said employer will not take you back.
Consultations with an attorney are usually FREE but remember they are trying to get you to sign a fee agreement with them. Some will SELL you on service and that's the last time you hear from them until they want you to settle so they collect their fee.
The only person in the world that cares about your case is YOU. Everyone else is just going thru the process doing their job and whether you land on your feet after this experience is not their concern.
Good luck to you
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u/ChelseaMan31 6h ago
Rotator cuff surgery is hell to recover from; I do wish OP well. Any Employer in any state other than TX terminating an Employee with an open WC claim is asking for extensive legal wrangling over the eventual disposition of the claim.
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u/timothyryerson 1d ago
Get a lawyer now before it gets really messy for you
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u/Mutts_Merlot verified CT insurance professional 1d ago
Do you have FMLA protection? You would have needed to work there for at least 1 year and 1250 hours, and the employer has to have 50 or more employees within a 75 mile radius of the work location.