Question
I am a 47 year old man. I have had back problems for years. I was recently hired by a construction company for a very menial position. I was let go shortly after because the Worker's Comp Insurance company deemed me uninsurable. Can I now request a copy of their records, including my phsical exam. And does this make eligible for disability. I live in California.

Thanks  

Answer
Hello William:

This is an interesting situation.  It is very rare for an employee to be denied Workers Compensation.  What WC usually does is just charge the employer a higher premium if he has several employees who are higher risk.  I am a little skeptical about your former employer's real reason for letting you go.

Here's what you should do:

1.  Ask the employer to give you a written statement as to why you were let go.  He won't give it to you, I predict.  He doesn't have to.  But it is worth a try.

2.  Contact the California Division on Workers Compensation (http://www.dir.ca.gov/DWC/) at 415-703-4600.  Tell them you were let go because your employer was told by them that you were uninsurable.  Ask them to research what happened and why you were turned down.  I predict they will tell you that they did not turn you down.  Either way ask for something in writing about what happened when the employer contacted them about coverage for you.

3.  Also ask them about getting copies of your medical records.  I don't know the law in your state... some allow you to ask for copies of your medical records, some don't.  If they do allow that in California, you will be required to pay for any copies.

If your employer let you go to avoid paying higher premiums on WC, he probably broke several laws, including federal labor  laws.  The hard part will be proving this.  You might want to ask the WC people what recourse you might have, or speak to an employment attorney.  You may be covered by the Americans with Disabilities Act.  You may be able to get help from the Office of Equal Employment Opportunity.  See http://www.eeoc.gov

As to whether you are eligible for disability, I need to ask you a question.  Do you have private disability insuranvce or are you referring to Social Security Disability?  

If private, contact the issuing insurer.  Tell them you want to file a claim.  Don't tell them the whole story.. they will want to have their doctors look at you, and if you are disabled, they should hopefully confirm that.

If you mean SSA, contact them.  You can apply for benefits online at https://s00dace.ssa.gov/pro/isba3/wwwrmain.shtml    My guess is that you are not going to succeed.  Ambulatory back injuries rarely pass muster with Social Security.  But if you think you have a chance, what are you going to lose?

I also recommend you take a look at http://www.eSightCareers.net which has a lot of useful information on work and disabilities.  I write for them myself and you will find lots to look at under "Career Management Resources."

Please feel free to contact me here any time if you have more questions.

Good luck.  It should be interesting to see what comes of this.  Like I said, I think your employer is being less than candid with you.

Nan