Can you write an effective letter?

[Esther]

I need to write a letter than could affect my job.

I need to write a letter to HR requesting my vacation days be restored back to me.

Here's the story.

Two years ago I ruptured my C-6&7 vertebrae. I believe it happened when I picked up a heavy suitcase here at work. Sometimes this suitcase weighs as much as 50 lbs are better. I felt something give, but since nothing happened immediately, I didn’t think much more about it. The doctor did tell me that this is common. Sometimes it takes awhile before it shows up.

Later all at once I had major pain in my right arm. To make a long story short, I had to have surgery as the nerve was being severed.

IF I had gone to workers comp first I would probably have lost my arm. The first doctor I went to sent me to PT and they really messed me up. Basically because they didn’t know my situation was as serious as it was. The doctor had told them and me that I had a herniated disk. He also told me when I told him I was going to see a Neurosurgeon to wait at least seven months before I let them operate. When I told the surgeon what he said AFTER the surgery he said I would have lost my arm if I had listened to him.

I know from several family members that are dealing with workers comp that they had to wait a YEAR before they would allow them to have their much needed surgery. This has caused nerve damage to one of them that may never heal.

Since I have insurance I elected to pay out of my pocket rather than risk my health to workers comp.

Now this past year I had a pinched nerve right above where the last surgery was. I believe this is also related to pulling this heavy suitcase. The doctor thinks this may be the source for all of this as well. It is the ONLY thing that I have done consistently that is different to before I had these issues come up.

I don’t want to lose my job over this, as I plan to quit later, but I would like to get my medical bills all paid off first.

Also, this is three years in a row I have had major surgery, which means I have not had a true vacation. I would love to get away for awhile.

IF you think you can write an effective letter, please do.

Thanks

[stmatthew]

What do you mean by 'Vacation days restored"? Where they taken away? Where they used during the previous surgeries?

Explain....

[Rico]

Originally Posted by Esther

I need to write a letter than could affect my job.

I need to write a letter to HR requesting my vacation days be restored back to me.

Here's the story.

Two years ago I ruptured my C-6&7 vertebrae. I believe it happened when I picked up a heavy suitcase here at work. Sometimes this suitcase weighs as much as 50 lbs are better. I felt something give, but since nothing happened immediately, I didn’t think much more about it. The doctor did tell me that this is common. Sometimes it takes awhile before it shows up.

Later all at once I had major pain in my right arm. To make a long story short, I had to have surgery as the nerve was being severed.

IF I had gone to workers comp first I would probably have lost my arm. The first doctor I went to sent me to PT and they really messed me up. Basically because they didn’t know my situation was as serious as it was. The doctor had told them and me that I had a herniated disk. He also told me when I told him I was going to see a Neurosurgeon to wait at least seven months before I let them operate. When I told the surgeon what he said AFTER the surgery he said I would have lost my arm if I had listened to him.

I know from several family members that are dealing with workers comp that they had to wait a YEAR before they would allow them to have their much needed surgery. This has caused nerve damage to one of them that may never heal.

Since I have insurance I elected to pay out of my pocket rather than risk my health to workers comp.

Now this past year I had a pinched nerve right above where the last surgery was. I believe this is also related to pulling this heavy suitcase. The doctor thinks this may be the source for all of this as well. It is the ONLY thing that I have done consistently that is different to before I had these issues come up.

I don’t want to lose my job over this, as I plan to quit later, but I would like to get my medical bills all paid off first.

Also, this is three years in a row I have had major surgery, which means I have not had a true vacation. I would love to get away for awhile.

IF you think you can write an effective letter, please do.

Thanks

Hi. One thing I do know about worker's compensation, at least here in IN, is that whatever your injury is it has to be reported immediately for workers compensation to pay for the claim. The fact that you did not report the injury when it happened may work against you. Also, the fact that you got the surgery on your own, without any approval from the worker's comp carrier will go against you. With regards to your vacation, I don't know what to suggest.

[Esther]

Originally Posted by stmatthew

What do you mean by 'Vacation days restored"? Where they taken away? Where they used during the previous surgeries?

Explain....

The way it works here is you go on FMLA and they use your sick time first, then your personal days, (which is only two a year) and then whatever vacation time you have acquired.

Once those are used up no paycheck and you have to pay your insurance out of your own pocket.

[Esther]

Originally Posted by Rico

Hi. One thing I do know about worker's compensation, at least here in IN, is that whatever your injury is it has to be reported immediately for workers compensation to pay for the claim. The fact that you did not report the injury when it happened may work against you. Also, the fact that you got the surgery on your own, without any approval from the worker's comp carrier will go against you. With regards to your vacation, I don't know what to suggest.

I understand some jobs will terminate you if you don't report it.

However, at the time I was not positive what had caused it, as I would have thought the pain would have started right then and there, but he doctor says not necessarily so.

PLUS it would be very hard for me to prove it and for them to disprove it.

[Rico]

Originally Posted by Esther

I understand some jobs will terminate you if you don't report it.

However, at the time I was not positive what had caused it, as I would have thought the pain would have started right then and there, but he doctor says not necessarily so.

PLUS it would be very hard for me to prove it and for them to disprove it.

I understand what you are saying, and I am not saying you necessarily did things any more differently than anyone else would have. However, based on your description of how things unfolded, they have an easy way out of having to pay for any of your claims. They can argue that you should have reported that you "felt something give" as soon as it happened, and, because you didn't, they are not liable for your injuries.

I know of one case where a man got a simple scratch on his finger. He thought nothing of it and went about his business. The next day he woke up with a staph infection that almost killed him. Although there was no doubt that he got the staph infection from the scratch, because he did not report the scratch when it happened the company was not liable for his medical bills.

Again, I do not know how worker's compensation is regulated in your state. Some states have rules that favor the injured worker and others have rules that favor the employer. My suggestion would be for you to contact a worker's compensation attorney and get a free consultation. My hope is that you will get this all straigtened out and get well soon.

[Esther]

Originally Posted by Rico

I understand what you are saying, and I am not saying you necessarily did things any more differently than anyone else would have. However, based on your description of how things unfolded, they have an easy way out of having to pay for any of your claims. They can argue that you should have reported that you "felt something give" as soon as it happened, and, because you didn't, they are not liable for your injuries.

I know of one case where a man got a simple scratch on his finger. He thought nothing of it and went about his business. The next day he woke up with a staph infection that almost killed him. Although there was no doubt that he got the staph infection from the scratch, because he did not report the scratch when it happened the company was not liable for his medical bills.

Again, I do not know how worker's compensation is regulated in your state. Some states have rules that favor the injured worker and others have rules that favor the employer. My suggestion would be for you to contact a worker's compensation attorney and get a free consultation. My hope is that you will get this all straigtened out and get well soon.

I'm not asking them to pay anything.

I would just like to get my time back for vacation.

[ForeverBlessed]

Originally Posted by Esther

I'm not asking them to pay anything.

I would just like to get my time back for vacation.

I don't think you will get your time back.

Here in IN, you have to use all of your days first just as your employer did. I am thinking that is normal procedure.

The woman across from me in this office fell on ice outside our door this past winter. She came into the office hurt and was sent next door to one of our doctors.. she went on to have surgery on her knees this summer.

She has the same complaint as you, she would like to have her PTO time back that she had to use. HR is the next office over, they've told her that is normal procedure and she will not get her days back...even though it was obviously the office/building managements fault in not cleaning ice from parking lot.

A conversation with an attorney at this point will probably be in order. You might talk to my David who is a specialist in this particular field of law.

[Esther]

Originally Posted by Brother Strange

A conversation with an attorney at this point will probably be in order. You might talk to my David who is a specialist in this particular field of law.

I'm afraid that would cost me more than the days lost would be.

Thanks everyone for your input.

Perhaps I should just forget it.