JobInjury

Alot of people in this world are on workman's comp or disability. I happen to be one of those peoplel, but I am also trying to get back into the work force since I can do a job, just can't do what I had done for over 20 years.

I worked in the food industry in Dallas, Texas and this last work injury really did me in. Not only did I have the severe pain, which was worse and all in my back and down my legs, but I had numbing in my thighs and calves. I still remember the day that my boss came to my unit and asked to speak to me in my office. This was 3 months after I was injured and I was working 6 days a week and over 40 hours....wasn't what my doctor put me on, but my boss said I had to work the 6th day to make up for the loss time I wasn't suppose to be working during the week days. The day that he and I sat in my office, I knew something was up by how he was acting. He told me "Denise, why do you have to be so honest about your pain, need to learn to NOT be so honest". Second comment made by my boss was "what ever happens, it is out of my control". I knew by those two comments, something was deffinately going to happen, but what? I think I had a gutt feeling because of how he was talking to me, but didn't want to think about it because after all, I was just asked why I can't lie about my pain which really threw me for a loop.

Sure enough, 3 months of working part time (really was working 40 hours since I was told I had to work Saturday to make up for time not worked during the week), the HR people wanted to hve a meeting at the office. Well they put the meeting off by a week and I knew that they must have hired someone because drug testing takes about 4 days to get the results back and the day that was rescheduled was 6 days away from the original date of the meeting.

The day of that meeting, I was asked for the keys to the unit. Was told that until I could come back to working full time hours, that they would have to remove me from my unit. I was upset because I was working more than allowed hours by the doctor and I guess this is the warning that my boss gave to me in my office when he said "I needed to learn to not be so honest". I knew I wouldn't be returning because of how they were not talking about company policy and just by my bosses actions..

The next day, as required in our policy manual, I called my unit to check on the employees and to see who was covering my position until I could return. No one had shown up, so I called later. The chef informed me that a new manager was there and she was cleaning up things. New manager? So I talked to my boss and he told me that I did not need to call up there. Policy states that we are to call our units, but he didn't want me calling mine?

A month later, my doctor released me back to full time duties with some sitting. Lifted all my restrictions. I was excited because it meant I would be going back to work. Well, the company wouldn't take me back. Said I needed to have the sitting lifted before they would take me back. Hmm, that is kind of strange since the last time, I returned to work with 50% restrictions and limitations but this time, no limitations, no restrictions, just that I had to sit more than 4 hours total per day when I worked 8 or more hours.

I knew then that the company had no intentions of bringing me back. Hints, Boss stopped responding to my emails and phone calls. I emailed him a total of 6 times in 3 months and he only responded to 3 of them. I called him about 4 times and only did he return one phone call. So I knew something was up. Plus my employees were calling me at home telling me how my boss was walking around saying "such a pitty about Denise, such a shame to have to lose her". Plus they told me that the manager also informed them and customers that I no longer worked for the company and I was not returning. Now, how did she know that because I was only out on workman's comp and had only been out 2 days when she said that and when my boss made that comment to my cashier.
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Things got worse. 8 months after they released me, I received a certified letter from the company informing me that I was to stop harrassing my boss with emails and phone calls and I needed to stop asking for my personal items back that were missing. HR told me to request payment for personal items missing, I documented the phone conversation with the lady about that. I only had 6 emails in less than 3 months going to my boss, no more. I never even called my boss after the first month because I lost his phone number and when I emailed him asking for it, he never replied so I let it go.....I kept all those emails. They also informed me that my mother, who was 64 at the time, physically and verbally abused the manager that took over my unit. I have security camera pictures showing nothing of the kind......I have a letter from the security guard that was sitting there saying nothing happened and how the manager was rude toward her (the security guard) and how the manager made a joke about the company not have no communication skills. Plus I have a sworn letter from my mother explaining her every move when she went to pick up my personal items since I was not allowed to lift, bend, stoop or walk for any amount of time.

Well, to say the least, a position came available for secretarial work a month after that letter. I was allowed to go back to work, but the company hired someone from outside to do that job, which I could have done since I do have secretarial knowledge. A month later, they terminated me. But what is funny, I get a call from HR at the END of the month informing me that they are terminating me, but was dating it back to the 9th of the month. Can they do that? Oh, they can do anything according to the Laws in Texas..

Almost 2 years later, in 2004, I am still unemployed. I still can't find a sit down job such as a secretarial position, data entry position, etc. Oh, I have applied to more than 300 companies and no one will hire me because of the gap in not working, but the same was when I was trying to find employment in Texas. Plus, who wants to hire a person who has 23 years of food service management for a secretarial job? I wouldn't. Insurance companies said I didn't need to be retrained, that I could find any job. Workman's comp insurance informed me that they don't rehabilitate injured employees. State of Texas, well trying to go through their Occupational Rehabilitation was a nightmare and they always seemed to be out of funds.

I have to say that I feel sorry for my past employer, but then I feel sorry for people like me. We are the ones that pay the price for sorry companies that try to beat the system and yet, they get away with it. I have no job and no more income to make ends meet. I was the one injured on the job and yet, I am left to hang out and dry. I guess this is what you call getting screwed. I have finally found something that I can do. A home base business. I can only hope and pray that I can make this succeed because I want to make a difference in my life and I know I can, because I believe in me. The companies that wouldn't hire me because I had nothing but food service for jobs, this will be your loss and not mine. I am a hard, dedicated worker and I have always strived to make a company successful and now, I will make MY business successful.

I just can not understand why there are no laws protecting me. Why there are no laws about companies harrassing employees or making false accusations. Why can't they be busted for what they did to me? I went through hell and back because of them. I went into a deep depression because of them. I went through hatred. I went through anger. But nothing I could do because by law, they were protected. Where are my rights as an employee? Where are my laws that protect me, the injured employee? There isn't any, but to make sure that they pay for my medical bills, but then that is a joke in itself. They send you to their doctors and their doctors claim you are faking it, yet another one of their doctors agree with all the findings of your regular doctor, yet it is the doctor that claims you are faking your injuries that everyone see's and not the truth.

One more thing, I really feel like I am in a time warp or something. You know, after doing this story, I decided to send a letter to the Governor of Texas and express my concerns toward Workman's Comp and also companies that abuse the system. I seriously wish I could post the response, but let me tell you all this much. This really goes to show how MUCH LACK of communication and PROPER documentation there is in Workman's Comp. I got a letter from the Director of Workman's Comp, in response to my complaint. He informed me that it wasn't Texas problem to retrain me, it was South Carolina's now, since I moved here. Hmm, what about the year and half I was still in Texas when NO one would HELP me? Then he proceded to inform me that my doctor was in Houston. Hmmm, kind of strange since I lived in Dallas and Houston is a 10 plus hour drive. See, that went to prove to me that WORKMAN'S COMP needs to be reorganized. They don't EVEN have the slightest idea what was going on but YET proceded to tell me my doctor was in Houston and was some mans name and here, maybe I was mistaken, but I know my doctor was a FEMALE and was based in the Dallas area, same female doctor who I have seen for 5 years with my back injury. So when did they change my doctors because I wasn't aware that I even lived in Houston. Any how, I do want to say that I truly had the best doctors in Dallas and Plano. They took care of my problems and did the best that they could for me. And to the Workman's Comp doctor who agrees with all the other doctors findings? You are a great doctor because you too listened and studied my files and MRI's and I thank you for that. Glad you didn't use the tinted windows like the QUACK who said I was faking my injuries.