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  1. #1
    Join Date
    Aug 2018
    Location
    Ohio
    Posts
    2

    Default Retaliation for Seeking Workers Comp Benefits

    My question involves workers compensation law for the state of: Ohio

    Ok, here is the scenario: *if this is the wrong forum, please move to the appropriate place*

    I got injured at work (minor sprain). I reported it to my dispatcher. After doing so, I was dispatched on another call. When that concluded, I advised that I had to go get checked out. At that time, it was reported to management. I then went to a local hospital, filled out the BWC paperwork, was evaluated and released.

    The day before I come back to work, I speak with a Operations Director. I have advised him I am a little sore. I come back to work and am placed on a modified/light duty assignment. Keep in mind, this assignment involves more twisting and movement then my regular assignment. The next shift after, I state that I am OK to resume my normal assignment. The Operations Director says "well you are acting funny." Puzzled, I tell them everything is normal and I am good to go but it seems they know me better then me. They said "its not a punishment. We are just looking out for you." Its odd, because safety is dead last on their list. We have gone out in terrible blizzard conditions and if we make any fuss we are threatened with shorter hours. During one of my shifts, I am temporarily placed back to my normal assignment (management never specifically told me, but they told the dispatcher) and assigned 2 trips. On one of them, I hurt my back and I was so tired, I shot my mouth off. All I needed was a break and I would be good to go. I stressed that it was not serious to me. I didnt get anymore regular duty assignments that night. So, my light duty assignment continues. I told a few people that it feels more like punishment even though management says its not. By this point, my light duty assignment has evolved in to maintenance tasks as well, like painting. Well, it gets back to management and I am pulled aside into the office for a sit-down with the Ops Manager and Ops Director. They are pretty livid I feel this way and have been complaining about it. I stressed that I was fine to resume my normal duties. As expected, they took away 3 of my 5 scheduled days off by making me work and give me shorter hours for those days. I advise them I can not afford the loss in wages due to some large medical bills my wife has incurred and that I had plans with my wife, whom I barely see due ot our schedules. The Ops Manager says, "well, if we gotta take a hit, so do you." They told me I had to work those 3 days and they they would see how I felt to return to full duty.

    So, with the that statement made I felt like I was being retaliated against. Then it felt like quid pro quo for essentially saying I had to work those 3 days to return to full duty.

    Am I wrong here? Thoughts?

  2. #2
    Join Date
    Oct 2016
    Posts
    3,292

    Default Re: Retaliation for Workers Comp

    You were injured. You were put on light duty. You did some work at regular duty and were injured. You were put back on light duty with fewer hours.

    That is not retaliation. That is trying to not get a further injury.

  3. #3
    Join Date
    Aug 2018
    Location
    Ohio
    Posts
    2

    Default Re: Retaliation for Workers Comp

    I was put at fewer hours because I complained even though I was cleared to return. If they were so concerned, why was my lighter assignment worse then my full time assignment?..lol.

    Also, making me take a hit because they took one isnt bad? Saying we will will return you to full duty if you work this for us isnt bad?

  4. #4
    Join Date
    Oct 2016
    Posts
    3,292

    Default Re: Retaliation for Workers Comp

    An employer is not REQUIRED to provide light duty at all. They may well have not understood your injury and you don't seem to have mentioned that the light duty was worse for your injury than normal work. And normal work does seem to be more of a problem because you said yourself you hurt yourself doing it.

    You have written nothing that shows you could even begin to prove retaliation.

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