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How Can I Bring a Lawsuit Against My Employer

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  • 02-28-2008, 11:22 AM
    1neleven
    How Can I Bring a Lawsuit Against My Employer
    On January 1, 2005 I was injured on the job. I was treated for a torn meniscous. I had the first surgery in February of 2005. The pain continued and I had to have another Surgery in September of 2005.
    I had been off work because of this injury until October 2005. The doctor that performed both surgeries and treated me for the duration did not release me back to work. But of course the insurance company did not like that and opted to have me seen by another doctor, of their choosing for a second opinion. This doctor is paid to send people back to work. And that is what he did. The treating doctor did not!
    I explained to this second doctor that I was still in pain and that something was still not right. He barely examined me as he was running in and out of the examination room. In his report he indicated that he observed me limping out of his office but still released be back to work.
    I returned to work as directed. I still was having problems with my knee but received no assistance from my employer or any management or HR representative.

    I was returned to full duty and performed my job as an installer. I was afraid that I would cause more damage to my knee doing this but I felt I had no choice.

    My knee injury has hampered my ability to perform at the level of timeliness expected by my employer. I informed my supervisor that this was because I was still in pain and that certain aspects of the job continued to aggravate my knee. I was still having problems climbing ladders and I still could not get on my knee, and that just walking different terrain was causing pain as well. Though I could do most of the things with concern to using my knee joint I had to take special care and at most times I would have to move slower than normal. I just could not move as fast as other technicians.

    After some time back on the job other technicians began to say things to me. &%$# and Z&%$ had started to give me a hard time because I was not performing as fast as them. They began to call me “Gramps” or “Old Man” or things like “Hey old man, you need a cane?

    It was upsetting to me as it continued. I had told my manager, that I was getting tired of it and that it bothered me. Nothing was done and it continued.

    The employer opened another location that would absorb the service area further west of the original location. I asked to be transferred as I felt that I would not have to climb a ladder as much because the equipment used at that time was typically installed on a pole in the ground. And because I could not get any assistance from HR or management to address my ongoing problem with my knee.

    This added over 30 miles of drive time to my job but I was more concerned about my knee.

    I continued to complain about my knee and still continued to struggle in the performance of my duties. To be clear, the quality of my work was top. Indicated by company surveys stating that I had one of the lowest percentages of call backs of my work. But I still struggled with speed because I was still having pain and mobility issues with my knee.
    All of my fellow employees have observed me limping almost daily. Sometimes conversations would take place about my knee with co-workers about my experience with workers comp and the severe trouble I had in receiving my benefits. I shared information that I had learned. That others that were hurt on the job and placed on light duty (Benny, Adam) that they were entitled to benefits while on light duty to make up the difference lost while on light duty. None of them were aware of this. I offered my information to them that I had learned because the workers comp insurance tried hard not to pay me. They almost cost me to loose my lease where I was living on three occasions. They cost me a substantial amount of late fees and court cost and caused delays fulfilling my child support obligation.
    I feel that my employer went out of their way looking for a way to terminate me because I had informed these co-workers that they were entitled to these benefits and that it was obvious that the employer or its insurance company was not going to offer it to them.
    I was sent to see another Doctor that did not performed any established examination of my knee except to have me bend it at which point I indicated that it was painful to do so. He was paid to release me knowing that there was a continued problem and indicating that I limped in the hallway of his office as stated in his report. But still released me because that is what he was paid to do. Which would indicate to me why the insurance company field adjuster did not come to this examination, but had reported to all of the other examinations. Why, because they already knew that he was going to release me.
    I had never been written up for anything during my employment with Dish Network until towards the end. Then I was targeted. In fact, the day I was terminated they decided to combine a second and third at the same time written separately and on separate paper but served upon me at the same time and terminated me. I refused to sign these.
    Another incident:
    While I was on light duty and before the first surgery the HR person, indicated to me that they wanted me to use FMLA to protect my job. I declined to do so. I stated that I should not have to use FMLA to protect my job because I was injured on the job. I later found out that she pushed the FMLA through without my permission. I never asked for it, I never consulted with any doctor to use FMLA. I suspect that my signature that is required was forged by my employer. I could have use FMLA when I returned to work because I was still in pain but could not because HR told me that I did not have anymore FMLA time left. She wanted me to sign off on it and I refused to do so. This is probably yet another reason they wanted me fired.

    I currently have a workers comp claim active but can only receive a minimal amount as informed by my comp attorney. He advised me that I should pursue this issue prior to settling the comp case as that would release the employer from any further liability. I do not want to release them. I was wrongfully discharged. They could have placed me elsewhere in the company that would not continue to aggravate my knee but chose not to. My manager failed to respond to my concerns of being harassed by fellow employees causing a hostile work environment. I took steps to try to get relief from this harassment by relocating only to learn that the co-workers that were harassing me also relocated to the new service depot. I also had complained to my manager there too, Tim. Nothing was done to stop it except to retaliate and terminated me.
    I was not able to find employment after this in Michigan. I had to move to Ohio to start a new career in the healthcare Support field. I was lucky because my brother is in upper management. But I had to pack it up and move to Ohio. I can not do the things I used to be able to do because on this injury. I have not been able to ride my ten speed since the injury which means I do not get my cardio work out. I can not do construction because it would require me to really work the knee joint. Just sitting too long or just driving my car aggravates it. Walking aggravates it.
    I hope you read this and re-read this and are able to assist me.
    Looking for attorney that will represent me and collect fees if the case is won.
    Sincerely,


    1neleven
  • 02-28-2008, 09:43 PM
    hr for me
    Re: How Can I Bring Lawsuit
    Quote:

    Quoting 1neleven
    View Post
    While I was on light duty and before the first surgery the HR person, indicated to me that they wanted me to use FMLA to protect my job. I declined to do so. I stated that I should not have to use FMLA to protect my job because I was injured on the job. I later found out that she pushed the FMLA through without my permission. I never asked for it, I never consulted with any doctor to use FMLA. I suspect that my signature that is required was forged by my employer. I could have use FMLA when I returned to work because I was still in pain but could not because HR told me that I did not have anymore FMLA time left. She wanted me to sign off on it and I refused to do so. This is probably yet another reason they wanted me fired.

    I am sorry that you have gone through this ordeal, but I wanted to correct your understanding on this....

    FMLA runs concurrently at the same time as your WC leave. You do not have the right to decline it and save it for later. FMLA provides 12 weeks of job protection. Your employer doesn't need your permission to put you on FMLA. Actually it is their responsibility to decide if your sickness/injury falls under the definitions of FMLA. Since your injury lasted more than three days and required multiple dr visits, they were actually REQUIRED to put you on FMLA to protect your job/benefits.

    State laws on WC are differing on how much job protection a WC injured employee has once FMLA protected time has passed. FMLA usually allows for much STRONGER protection than standard WC does.

    As to the other issues, you should do as your attorney suggested. If you haven't already settled the WC case, ask him/her what you can do to get another medical opinion. Ask him how to file a complaint with the state's WC board. Don't settle until you are satisfied.

    As to the discrimination/harassment/etc, you didn't really state what the reasoning was that you were terminated for. What were the two warnings that were issued. Had the company disciplined/terminated other employees for the same reasonings (regardless of whether there was a WC issue or not)? At least in my state, retaliation for WC doesn't fall under the same courts as retaliation due to discrimination complaints.
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