Question
Hello all.
This is my first post to this Forum.
I have a burning question no one can or will answer. Hopefully someone here can enlighten me.
Here is the deal I have over 15Yrs in this profession, last year my back finally gave out and needed rebuilt. I had the surgery and recovered. My former employer would not let me return to work "After passing all there physical requirments" so back to the Job search a few companys will work with me, the good jobs will not. Why is this and what can i do about it?
I am qualified and able to perform my driving duties. At my last job i would see guys go out with heart attacks and be back in a short period of time. They seem to me to be more of a risk than myself.
Anyway anyone have any ideas?
I am in a bad financial way at this time and need to get back to work.
Thanks
Answer
I wish I could help, but I can't. I to suffer with
a back problem, but I don't dare say anything.
I also know a driver who had a heart attack, and
he is also back, and doing the OTR thing.
I don't know what to tell ya.
I hope someone here can help.Keep your words light and sweet.
You may have to eat them later.
Answer
Heart attack vs. back injury.
You will never get workers comp or an injury settlement against an employer for a heart attack.
You will probably get one for a back injury, even it was a problem before you worked there.
Answer
Back injuries are one of the most common injuries in this industry and they are one of the most common injuries used to defraud companies and insurance carriers.
And back injury fraud in one of the most difficult to prove.
Even if it is a pre-existing condition, companies are likely to shy away from you, no matter how good of an employee you may be.
All this is due to the human eliment of greed.
There are career work-comp recipients out there that have created a litigation nightmare, and it has tied the hands of employers.
Even if you sign waivers, the employer and their work-comp carrier are still at great rick of liability.
I am sorry for what you are going through, but, I must also see the employers side of the situation.
Employers have been burned so many times by peices of human debris who have created a lifestyle of defrauding employers and insurance cariers, innocent people end up paying the bill.
The best of luck to you.
I am sure you will come up with something.
Unfortunately, you may end up having to take a job that is not on the top 20 of choices.
dieselsmoke.com
Answer
Thank you for the input so far.
Thank you for posting to medical board.
This was not a workers comp claim.. As with your knee it was my problem and i took care of it.
I just learned that i have been sabotaging myself
by being to honest with potential employers.
According to Americans with disabilities act.
I do not have to volunteer medical info.
All the employer can ask is if i can perform the duties of the job applied for.
But what about the pre- empoyment physical?
They ask any surgeries and the like?
Just refuse to answer?
Nurse Red any answers?
Answer
The examiner is going to see the scars. So what would that accomplish?
I am so glad that you are doing well after your surgery. That's a plus for you. And as stated by others above, employers are going to have a tendency to shy away from someone with such extensive history of back problems. That's unfortunate but true.
You may want to consult an attorney on this matter. I can ask Opie (the attorney here on Trucknet) to step in and take a look at this post if you like.
Or you have one other option. That is to go through the physical exam, be certified, then when an employer refuses you a job based on your back surgery, you may follow the steps under "Resolution of Conflict". You will find this info on our site (click on the link below my name) scroll to the bottom of the page and click on Resolution of conflict.
I think I will go ahead and ask Opie to step in here too.
Keeping you safe, healthy and on the road.
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