Never informed of my rights or the law

ignorant · #1 12-23-2006, 09:13 AM

I work in a small orthodontic lab carving plaster study models. I went to see my doctor for shoulder, arm, hand problems. They asked if work related? I said yes. They said they couldn't see me, it was workman comp issue, see my employer. This was the first time ever I had heard about this.I did. Doctor diagnosed it as myotendonitis from repetitive movement.I am still being treated by them, all great. I am off work because they have no work that is not repetitive.My employer lied to insurance case handler about how long I had been carving. Employer said a couple years. I have been carving all of the six and a half years I have been there. I confronted employer with this lie , they called case handler and changed their original statement.I was a stay at home mom for 19 years, this is my first job. I never knew any laws , rules or steps to follow.No employee has ever been told anything about their rights or steps to follow. Since I have been home I have done some research on the internet, and found out my employer is breaking many workman comp and osha laws. No postings of any kind, unsafe tools, hazerdous material etc. Should I consult a lawyer just call osha and workmans comp of california?

ignorant · #2 12-23-2006, 09:51 AM

continued from previous.I had same injury about 2 years after I began work at the lab. I saw my own doctor back then not knowing any different. It was the same diagnosis as now. Have since found out they have 24 hours to give me a dwc1 form, I received it 96 hours later from insurance company in the mail. I could have went to my own doctor from day 1, because there have never been any postings or pamphlets informing employees of where to go , or their rights. My employers make us use dull knives because they cost 3 dollars to sharpen. They sharpen them about every 3 months or so. They replace the wheels on the grinding machine every 2 -3 years, forcing us to lay into the dull wheels with our bodies so it will do the job. We do not know the hazards of any material we work with- monomer,acrylics, plaster, stone, acid nothing. Also nobody takes breaks no matter how many hours worked. there is an older lady that works there ,she thinks they made some sort of agreement when she started about not taking a break. She very often works over 10 hours a day! I'm getting more pi--ed off the more I find out!

ignorant · #3 12-23-2006, 08:25 PM

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I work in a small orthodontic lab carving plaster study models. I went to see my doctor for shoulder, arm, hand problems. They asked if work related? I said yes. They said they couldn't see me, it was workman comp issue, see my employer. This was the first time ever I had heard about this.I did. Doctor diagnosed it as myotendonitis from repetitive movement.I am still being treated by them, all great. I am off work because they have no work that is not repetitive.My employer lied to insurance case handler about how long I had been carving. Employer said a couple years. I have been carving all of the six and a half years I have been there. I confronted employer with this lie , they called case handler and changed their original statement.I was a stay at home mom for 19 years, this is my first job. I never knew any laws , rules or steps to follow.No employee has ever been told anything about their rights or steps to follow. Since I have been home I have done some research on the internet, and found out my employer is breaking many workman comp and osha laws. No postings of any kind, unsafe tools, hazerdous material etc. Should I consult a lawyer or just call osha and workmans comp of california?
When I ask the insurance case worker questions about the law, her reply is "I'm not sure about the law I'm just taking down information" I would think she would be pretty familiar with the law?
I had same injury about 2 years after I began work at the lab. I saw my own doctor back then not knowing any different. It was the same diagnosis as now. Have since found out they have 24 hours to give me a dwc1 form, I received it 96 hours later from insurance company in the mail. I could have went to my own doctor from day 1, because there have never been any postings or pamphlets informing employees of where to go , or their rights. My employers make us use dull knives because they cost 3 dollars to sharpen. They sharpen them about every 3 months or so. They replace the wheels on the grinding machine every 2 -3 years, forcing us to lay into the dull wheels with our bodies so it will do the job. We do not know the hazards of any material we work with- monomer,acrylics, plaster, stone, acid nothing. Also nobody takes breaks no matter how many hours worked. there is an older lady that works there ,she thinks they made some sort of agreement when she started about not taking a break. She very often works over 10 hours a day! I'm getting more pi--ed off the more I find out!

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continued from previous.I had same injury about 2 years after I began work at the lab. I saw my own doctor back then not knowing any different. It was the same diagnosis as now. Have since found out they have 24 hours to give me a dwc1 form, I received it 96 hours later from insurance company in the mail. I could have went to my own doctor from day 1, because there have never been any postings or pamphlets informing employees of where to go , or their rights. My employers make us use dull knives because they cost 3 dollars to sharpen. They sharpen them about every 3 months or so. They replace the wheels on the grinding machine every 2 -3 years, forcing us to lay into the dull wheels with our bodies so it will do the job. We do not know the hazards of any material we work with- monomer,acrylics, plaster, stone, acid nothing. Also nobody takes breaks no matter how many hours worked. there is an older lady that works there ,she thinks they made some sort of agreement when she started about not taking a break. She very often works over 10 hours a day! I'm getting more pi--ed off the more I find out!

Mr. Knowitall · #4 12-23-2006, 10:41 PM

Are you asking a question, or just venting?

ignorant · #5 12-24-2006, 08:31 AM

Yeah, I do have a question. Sorry it did turn into venting!Question : Should I seek legal help because it it is becoming clear to me now that not everyone involved here is being honest, and they don't seem to have my best interest at heart. Should I heed what seem to be red flags to me? I don't want to be an un-informed sitting duck. thank you and sorry about the venting

aaron · #6 12-24-2006, 08:50 AM

If you believe you have a work-related injury and aren't being given your rights under the state's worker's compensation laws then yes, it makes sense to consult a worker's comp lawyer. You should be able to get a free consultation.

ignorant · #7 12-24-2006, 08:56 AM

Thanks for the input Aaron!

ignorant · #8 12-26-2006, 07:19 PM

I just found out I am the only one that did not get their christmas bonus. I was a model employee untill I claimed workmans comp. I never took off work and never took breaks. I still had one week of my two week vacation left. Is it legally o.k. for them to do that?