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Originally Posted by dc428
I work in a cold storage warehouse that provides perishable food distribution to a very large grocery chain. We have 500 Teamsters that operate lift equipment, load refrigerated trailers, select orders, and keep the warehouse clean. All employees are exposed to cold temperates for up to 10-12 hours per day 4-7 days a week. The company has a poor attendance policy. Most employees at my work have Intermittent FMLA and use it when they need it for a variety of reasons but mostly for back problems. The company recently outsourced the FMLA to a third-party company, the company has been sending letters to certain employees asking them to re-certify for FMLA. Although their FMLA has not expired. The new company tracks the FMLA hours and handles all forms and issues pertaining to FMLA. Is this happening at any other work places? What rights does the employee have?
I have heard that the Federal DOL is working to change the FMLA laws to favor the employer has anyone heard anything about this?
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I think what's most alarming with this post is, why are your co-workers, using FMLA time, for back injuries? This is a Workers Compensation issue. These workers are placed at a higher risk, because of being subjected to these conditions, more so than the average worker, i.e, higher propensity for incident due to the cold/damp work climate, 40+ hours per week. The beauty of Workers Comp, is that in general, the employer accepts the worker as the worker, with all pre-existing injuries. If an employee, had a back injury, 5 years ago, and the employee worked, lived a full life, didn't have to go the Dr. for treatment, then, from repititive motion, (lifting/bending) aggravates a pre-existing injury, then the aggravation is compensable under Workers Comp.
Too many times, I have heard workers state, that, any aches/pains, re-aggravated at work, stem from old injuries. That is incorrect rational. Any ache/pain suffered at work, performing work, is a Workers Compensation issue.
I could even go into detail, of how, aches/pains, felt at home, hours after a shift are concluded, are compensable. These fall under "Repititive" injuries. Where, one can't point to a single significant act which caused the injury.
Just off the top of my head, working in the cold/damp for 40+ hours a week, can lead to an early on-set of arthritis. Let's say a worker develops shoulder pain from constant, repititive overhead lifting in 34 degree, conditions. An MRI concludes that the employees shoulder is arthritic. We're all arthritic. It's an Insurance cop-out. My point is that, the arthritis was aggravated by constant repititve lifting, in near freezing conditions. And is a Workers Comp issue. Why should any worker eat the bill, for injuries, re-aggravations sustained from employment? Arthritis, applies to ones entire body, head to toe. In the spine, it's called disc descication (sp?), or something like that, refers to the drying up of the discs.
In Conclusion, In My Opinion, your issues are Workers Comp Issues. This post is not meant to be Legal advice. You need to contact a Workers Compensation attorney, in your state, to further clarify, the state laws which apply to workers in your state. Direct all specific questions/legal advice to your attorney.
Here's a good place to start:
Find A Lawyer, Attorney, Law Firms and Attorneys - Lawyers.com
Lawyer, Lawyers, Attorney, Attorneys, Law, Legal Information - FindLaw
Lawyers.com, you can find state specific issues addressed, for your state.
Finally, only a Liscensed Attorney can give Legal advice.