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  1. #1
    Join Date
    Oct 2007
    Posts
    3

    Default Grounds to Sue?

    any help with my issue would be gratefully appreciated.

    my work position was recieving. last month, i developed severe back pain, w/ pain going down my right leg. i went to work and told my manager. i asked if i could get off early. this happened the next 2 days, until i was in so much pain i was in tears. i went to my own doctor 2 days later. i was written off work for 4 days and sent to physical therapy. i went back to work on "light duty". i then asked 2 of my managers about workman's comp. i was told by one not to bother, and another told me i didn't qualify b/c i didn't fill out an incident report. i wasn't asked too. i was also asked what day it happened. i generally lift 30-40 lb boxes everyday, and it didn't happen in an instant one day. the pain was building up, but i didn't think it was serious, just soreness.

    a month later, another employee was injured. she was denied workman's comp/incident report because she was on a break. her family has spoken to a lawyer, and may sue. i have been told that i should possibly speak to this attorney or my own.

    i spoke with my head manager about my concerns again today. she admitted her staff was uninformed, and she would try to put in a claim for me, but was unsure b/c of the time lapse. this is the 3rd incident in our store.

    what are my options? i am not looking for hand outs, however i am still in alot of pain, and cannot do things i used to be able to do. i am worried this pain will stay with me. i don't know what to do, or what my rights are at this point. the doctor bills are on their way.

    thank you for your time.

  2. #2

    Default Re: grounds to sue?

    Talk to a workers comp attorney right away.
    First visit is usually free- he will know what you can do according to your state regulations.
    Don't trust this to your employer- they know what to do to stall and if you are injured you need to get this started right now.
    In the mean time start researching your states workers comp site.

  3. #3
    Join Date
    Oct 2007
    Posts
    3

    Default Re: Grounds to Sue?

    thank you for the reply.

    i do not get the feeling my manager wants to stall. if anything, she seems extremely worried about it. she said she was going to file a claim for me, perhaps today. however, this happened over a month ago, and i have yet to be asked to file an incident report.

    you mentioned i should contact a lawyer. a lawyer to get help me receive workman's comp benefits, or to bring a case against my company for the way they handled the situation? typically, how much can attorney fees cost after the first consultation? would i receive money from this that would cover his/her costs? i am still a little unsure of what i need to do.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Grounds to Sue?

    Why didn't your employer carry worker's compensation? How many people work for your employer?

  5. #5
    Join Date
    Oct 2007
    Posts
    3

    Default Re: Grounds to Sue?

    i work for a very large chain bookstore. yes, they carry workman's comp, but for some reason felt it did not apply to me, and the other 2 employees injured while on the job.

    like i mentioned, one employee's family may sue. i was denied by 2 managers when i inquired, and one flat out told me not to bother with it. the problem seems to lie in the fact that i did not have one instance that caused my injury. it is 100% work related, it just took time to cause me unable to work.

    the employee that may sue did have an exact incident where she was injured. our management is pretty clueless. i was told (by an outside source) that the day i came to work and reported severe pain that i should have been sent home/to a doctor. my manager continued to allow me to work for 3 days until i was in so much pain i was crying. what to do? if i didn't work, i'd lose my insurance. i worked, and i injured myself more.

    i think it's ridiculous that such a large company does not properly train their managers on these issues. i would not feel bad at all suing them. i think they deserve it, only b/c this is the third time this has happened in the last year. then again, i know little about the laws regarding this. that's why i am here.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Grounds to Sue?

    It sounds to me like your employer may be trying to underreport injuries and save on worker's compensation costs. A worker's compensation lawyer can affirm that you have a covered injury, and help you obtain the benefits to which you are entitled.

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