Is This Legal?

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holiday8

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My husband injured his back while at work last June. He works for a para-transit company and his job involves transporting disabled people in a special van, which often involves handling wheelchairs. He hurt his back while securing a wheelchair in the van. He filed a worker's comp claim, and his boss began harassing him. The nature of this job means that each night the employee must call a special drive line to learn his work schedule. Many times he would call only to learn that he had not been scheduled to work the next day. Of course this meant that he wouldn't get paid. the excuse given was that there were only wheelchairs to transport, which is a lie. He has also had to endure constant needling comments about the status of his back. He has missed approximately two weeks without pay over the past year. Yesterday his boss called him into his office to ask when he would be assuming his former full workload, since he cannot handle wheelchairs at present. My husband explained that he had an orthopedic consult next week and that he wasn't certain yet when he would be cleared to handle wheelchairs again. So once more he was given a day off from work with no pay. When he called to ask why, he was told that his schedule had been given to another employee for no reason at all. Is this legal?

My questions are as follows:
Is it legal for his boss to cut his hours to the point where we are seriously hurting for money, just as a retaliatory action because of the workers comp claim?
The attorney that we engaged has done nothing about these missed hours. We have talked to him about how my husband's boss is doing this out of spite, and the attorney really hasn't done much about it. It took nearly 7 months until the Orthopedic consult was finally set. Is this how long such things usually take? Should we seek other legal counsel about my husband having to miss work because his boss is failing to schedule him out of spite? Or would this situation be the same no matter what attorney we use?
 
My husband injured his back while at work last June. He works for a para-transit company and his job involves transporting disabled people in a special van, which often involves handling wheelchairs. He hurt his back while securing a wheelchair in the van. He filed a worker's comp claim, and his boss began harassing him. The nature of this job means that each night the employee must call a special drive line to learn his work schedule. Many times he would call only to learn that he had not been scheduled to work the next day. Of course this meant that he wouldn't get paid. the excuse given was that there were only wheelchairs to transport, which is a lie. He has also had to endure constant needling comments about the status of his back. He has missed approximately two weeks without pay over the past year. Yesterday his boss called him into his office to ask when he would be assuming his former full workload, since he cannot handle wheelchairs at present. My husband explained that he had an orthopedic consult next week and that he wasn't certain yet when he would be cleared to handle wheelchairs again. So once more he was given a day off from work with no pay. When he called to ask why, he was told that his schedule had been given to another employee for no reason at all. Is this legal?

My questions are as follows:
Is it legal for his boss to cut his hours to the point where we are seriously hurting for money, just as a retaliatory action because of the workers comp claim?
The attorney that we engaged has done nothing about these missed hours. We have talked to him about how my husband's boss is doing this out of spite, and the attorney really hasn't done much about it. It took nearly 7 months until the Orthopedic consult was finally set. Is this how long such things usually take? Should we seek other legal counsel about my husband having to miss work because his boss is failing to schedule him out of spite? Or would this situation be the same no matter what attorney we use?






I submit to you that if your husband is unhappy with HIS attorney, you advise HIM to seek another attorney.

How long does the workers compensation cases take?

These days, with governments and people constrained for funds, who knows how long is long?

I have seen these cases take 18-24 months.

I represented my daughter some years ago in such a matter, and her case was concluded in three weeks.

That said, her payments began within seven days of her injury.

That was in another state, and she had her dad representing her.

This is your husband's battle, so I suggest you stay out of it.

Yes, this situation impacts you, but too many cooks spoil the broth.

You might suggest that he speak with his human resource manager for clarification and explanation of this matter.



 
I am asking this for a reason.

What percentage of your husband's regular duties is he currently capable of doing? What percentage, on average, of his job involves wheelchairs? How do you KNOW (not suspect - know) that there are or are not days when there are only wheelchairs?

I'm going somewhere specific with this.
 
I am asking this for a reason.

What percentage of your husband's regular duties is he currently capable of doing? What percentage, on average, of his job involves wheelchairs? How do you KNOW (not suspect - know) that there are or are not days when there are only wheelchairs?

I'm going somewhere specific with this.
My husband can drive ambulatory clients only, but can still put in a full day's work. I couldn't say what percentage of his work involves wheelchairs.
The reason I know that there are or are not days when there are only wheelchairs, is that I am disabled and use this service myself. While I do not use a wheelchair, this van service also provides for what is called ambulatory clients, like myself, and for what is called transportation disadvantaged where the person may or may not use a wheelchair but needs to ride the van to run errands or go to medical appointments. So there is a mixture of both people who can ambulate independently and people who are in wheelchairs.
 
Let me give you an example of what I mean.

Let's say that the boss does not give him any hours on Tuesday. How do you KNOW that on Tuesday, no ambulatory clients called?
 
I don't know. What I do know, is that on six separate occasions, his boss has called my husband to the office and been confrontational about the workers comp issue, and then the following day for some mysterious reason, my husband is not scheduled to work. And the flimsy excuse is then given of there not being enough ridership, or no ambulatory clients when his co workers are all given schedules for the day. This para=transit company is very large, and services an entire county. It is like a bus service; there are always people using it, both wheelchair dependent and not.
 
The problem is that if he can not assist with wheelchairs, and the job requires that he be able to handle this need, it is not neccesarily reasonable to screen out those with a need from those without to permit your husband to work. His employer is not required to reassign others or reroute buses. I've dealt with a similar situation here and it is simply not an efficient use of resources.

If he is missing work due to his restrictions, then his pay would be covered by the WC carrier, not the employer. The employer is not required to pay him anyway, but the WC Carrier might be on the hook for TTD. Since he has a layer, the lawyer should make the inquiry (the adjuster will not be able to talk to you/your husband directly as he is represented). This is a very easy process and WC101but it has to be requested and documention submitted. I would have your husband get on the lawyer about that or look for a new lawyer.
 
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