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  1. #1
    Join Date
    Jan 2005
    Location
    Oklahoma
    Posts
    1

    Default I got hurt and then fired

    Hello everyone. I was recently fired from my temp agency which staffs for a major appliance manufacturer. It's a bit complicated.

    At work we have different work stations and each one has a sign that lets us know what type of personal protective equipment that we are required to wear. The day I got hurt I was working at a work station which stated that I only had to wear gloves and safety glassses. So that is all I had on that day at that particular hour b/c I was only putting stickers on back of the appliances. I looked down and saw these pieces of sheet metal sitting on a medium sized trash can. Which wasn't unusual b/c most of the workers put the stickers on the sheet metal before the sheet metal is put on the appliance. I picked them up and moved them to where they were supposed to go and I dropped them b/c of the oil on them was slippery. While they were falling a couple of the corners slit open my wrist/lower forearm. I immediately applied pressure to my arm and walked around and looked for a supervisor to let them know I would have to go to the medical facilities in the plant. I couldn't find anyone and I was bleeding pretty bad, so I decided to tell some of my co-workers and seek medical treatment.

    My on-site director ended up having to take me to a "medical emergency center" when the nurse in the facility stated that I should go to the emergency room. My director casually said "Who wants to go the hospital and wait six hours? I sure don't." So I agreed, he knowing the best for me. I went the center and got seven stitches. The doctor who stitched me put me on light duty.

    My accident happened around 7pm and I was back in the plant at 10:15pm doing "light duty". I worked until 330am that night. The next day I came in at 5pm for my shift and my director instructed me to go back home and to report to the staffing agency's office at 8am the next day.

    I reported to the office and one of the placement coordinators took me to another emergency medical center to see how my stitches were. While the doctor saw me, she followed me and watched me like a hawk. Even commenting to the doctor a time or two. After the doctors visit we went back to the office and I was instructed to sit in a room and "read". I didn't have anything to read so they brought me the local newspaper, and told me I'd better not fall asleep. I sat in that room for nine hours straight with two fifteen minute breaks and a thirty minute lunch.

    The next day was a friday and we never worked fridays or the weekends so I was told to return to the office at 4pm on monday. I figured that I would go to the doctor and he would take me off of light duty and let me work again at 5pm that night.

    On monday I went to the doctor and was still on restricted duty. Outside the medical center I was told that, the plant was still investigating the case and that since it was my fault they woudln't be able to pay me or let me work at the office. I stated to her that sign that was posted on the work station never said I had to wear sleeves which the plant was saying was required to wear when the accident happened. She told me she would tell my shift-leader and let me know.

    I thanked her and went home. On Thursday my mom and I went to the plant to pick up my check where they are distributed. My on-site coordinator rudely told me that my check was at the office. I asked him why and if I was fired. He said that I need to go to the office and ask them about it, that he didn't know anything. I went to the office and I was ignored for about 3 minutes while the office girls talked. I was handed my check and a paper that I had to sign to let me know I was terminated. I asked the placement coordinator what was going on, and she told me that the safety engineer said that a sign was posted and that I was required to wear sleeves. It was stated on another piece of paper on another station 15 feet away. I was told it said that sleeves were required to be worn on stations 14, 15, and 16. But on station 16 the sign said that sleeves weren't required to wear. (16 was the station I was hurt at.)

    First of all I was hurt because I worked hard and I was dedicated while others weren't. And I also got fired because I got hurt.

    What do you think I should do, my mom and I have talked about this endlessly. I'm thinking about writing to my Senator. Please I need others opinions.

    Thank you. And I'm sorry for any grammatical errors.

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Safety Rules

    Their position appears to be that they fired you for violating safety rules. You are indicating that you didn't have proper notice of those rules, which is a reasonable objection. However, you would need to discuss with an employment lawyer in your state to determine whether, under the circumstances, the termination was wrongful, or if you have a claim worth pursuing.

  3. #3
    Join Date
    Mar 2005
    Location
    Memphis, TN
    Posts
    3

    Default

    Just wondering... How long did you work for this temp agency? My son has worked extensively for temp agencies and they usually pay into workman's comp insurance, like any company. Did they have you fill out the workman's comp forms which stated the who, what, where and when of your injury, in case you develop further problems with your injury years down the line, like scar tissue that requires surgery for removal? When you fill out these forms, it is good to name any witnesses also, in your case, a person who was nearby after the incident, who may have seen that the safety information was lacking. If they did, you need a copy for your records. They are required by law to do so. Even tho they apparently took care of your immediate medical, there needs to be a record of the injury with your story and signature on it and with their signature on it. Call the Dept of Labor where you live or go to the DOL web site and it will refer you to your state's workman comp office for questions.

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