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The Law Offices
of Rick Barry P.C. was founded by Rick
Barry in 1991. Since its inception the
firm has provided legal assistance to
firefighters, paramedics, and police
officers and individuals they refer.
This page is intended to provide
information about recent legal
developments and guidelines as to how
First Responders can protect themselves
in the workplace. If you have any
questions or would like to speak with
Rick please call us at 314-918-8900.
THE WORKERS COMPENSATION
INSURANCE CARRIER
FALSEHOOD THAT KEEPS YOU FROM
PROTECTING YOUR CAREER
This is written for first
responders especially
firefighters and paramedics.
Workers’ Compensation (WC)
defense insurance carriers have
been running a new, below the
radar campaign to discourage
first responders from filing WC
claims, or from hiring
knowledgeable attorneys to
assist them.
Here’s how it works. |
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The WC insurance carriers
have figured out that most all
of those in the Fire and EMS
services are both dedicated to
their careers and, in general,
fairly well compensated in terms
of pay and benefits. |
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To prevent you from
reporting, filing or effectively
pursuing WC claims they are
spreading the falsehood that
pursuing a WC claim and
receiving an award causes you to
be classified as a partially
“disabled” person who might not,
because of this “disability,” be
able to perform the job. |
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In other words, the WC
insurance carriers are getting
richer than they already are by
spreading the falsehood you will
lose your job if you pursue a WC
claim because in order to do so,
you must accept being branded as
a “disabled” person. |
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Their hoped for result, if
they can fool you, is to
eliminate or sharply reduce the
number of WC claims filed. |
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The effect on the first
responder community if they are
successful could be disastrous. |
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WC is intended to back up
first responders who are injured
on the job, basically by
providing you with a monetary
“bonus” for the lingering effect
of an on the job injury. |
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Most all on the job injuries
sustained by first responders do
not keep them from performing
their full duties after they
have recovered. If you have
aches and pains you did not have
before because of such things as
injured knees, backs, shoulders
or other body parts, you work
around them and still do your
job. |
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Many First Responders
sustain multiple on the job
injuries to different body parts
in separate incidents during the
course of their careers.
Separate back, knee and shoulder
injuries for example. Despite
the scare the insurance
companies are trying to put into
you, it is unheard of for a
First Responder who can do the
job to lose their job simply
because of a multiple injury
history. |
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This WC carrier campaign
depends on the confusion many
have over the use of the term
“disability” in the WC system.
For example, if you hurt your
shoulder on the job, make a
claim and receive a monetary
award, it is called an award for
“permanent partial disability”
(PPD). The use of the word
disability does not mean you are
considered to be a disabled
person for the purposes of your
job. It is just a word. The
award does not raise issues
about your being able to do the
job. Those of you who receive
these awards return to full duty
with clearance from insurance
carrier doctors who are eager to
find you are able to do so
because if they give an opinion
you are not able to perform your
job it increases the value of
your WC claim and therefore the
cost to the employer. |
A documented WC claim settlement
protects and preserves your
career because it ensures your
injury is classified as work
related and you as still able to
perform your job. Protect your
career, your future and your
family. Pursue your right to
make a WC claim when you are
injured on the job and seek
experienced legal representation
such as that provided by my
firm.
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Have You Been Injured at Work? |
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Seek immediate medical
treatment, do not wait! |
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Notify your supervisor right
away. |
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Request your employer file
report of injury right away. |
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Be aware of “new” injuries
that are now being recognized as
compensable, like smoke/chemical
inhalation, coronary episodes
secondary thereto, and carpal
tunnel, ulnar tunnel, and Post
Traumatic Stress Disorder. |
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Follow your doctor’s specific medical directions and retain copies of
all medical and claim documents for your
records. |
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Get the name, title, and
telephone number of any adjuster
or case manager assigned to your
claim by your employer’s
insurance carrier. |
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If your injury arose out of an automobile accident, do not speak with
any representative of the driver’s
insurance company without speaking to us
first. |
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If your work injury also gives rise to a personal injury claim speak
with us before giving any statement to
an insurance company. |
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If you are required to give a statement to a workers’ compensation case
manager or adjuster, give us that
person’s name, telephone number, and the
circumstances surrounding the taking of
the statement. |
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Use Family Medical Leave Act
(FMLA), Americans with
Disabilities Act (ADA), and
their state law equivalents to
protect your job while you are
recuperating. |
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Don’t try to be your own
injury attorney. |
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Last but certainly not least, make sure that before returning to work,
you are sufficiently healed to protect
the public, co-workers, and yourself. |
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How to Assert Your
Constitutional Rights |
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Ask for union representation
or for your attorney to be
present at any meeting regarding
potential disciplinary action
against you. |
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Ask for any meeting
regarding discipline to be
recorded, and for you to be
provided with a copy. |
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If Miranda is read as part
of disciplinary interview, your
request for an attorney must be
granted. Don’t refuse to
interview. Take the position you
will do so if your attorney is
present. |
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Anti-union activity is unconstitutional retaliation and a violation of
your 1st Amendment Rights. Contact us
immediately if you believe your employer
is discriminating against you because
you are engaging in union activities. |
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3 Steps to Whistleblowing |
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Blow the Whistle - Make it clear to your employer that you are reporting
what you believe to be illegal behavior
on the part of your employer including
supervisors and fellow employees. |
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Write a Letter - Either you or your attorney need to make a record of
the reports that you have made, the
contents of those reports, and to whom
those reports were made. |
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Inform Outside Law Enforcement – If you observe or become aware of
conduct by your employer or one of its
supervisors which is criminal
implications, you should report it to
the proper outside law enforcement
agencies. |
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Reporting Discrimination in the
Workplace |
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Report discriminatory treatment to the person designated by your
employer personnel policies. Do so in
writing. • Contact us immediately to
determine your rights under the law. |
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