I'm a white male in my mid 20's and recently was hurt on the job and terminated shortly thereafter. I'm looking for a good attorney for my case.
Information contained here should serve well for informational purposes for anyone who has or is experiencing a similar issue.
I was hired for a position with no previous experience. I was orientated but did not receive the company handbook. The position required mandatory 12 1/2 hour days. I had perfect attendance for the first month and half or so. I was late twice and given two written warnings. The company procedure was 1 verbal, 2 written, 3 day suspension, 5 day suspension, termination. The employer was "at-will", meaning you may be terminated at any time for any reason.
As I mentioned 2 written warnings, they decided I was a better fit for another department and they hired an experienced person for my first initial positon. I had a performance evaluation which went well but stated that I needed to work on the smaller details.
Instead of firing me for the lack of knowlege, they kept me because I was a hard worker and did a good job with no scrap. The department transfer was normal 8 hour shifts and the procedures were very similar. I was supposed to get a NIOSH approved resparator and safety training but never did.
I had a week of basic training and this put the department behind schedule. Previously, there was only one person running the department and packing orders to be shipped as well.
The next week, I was working on my own, attendance was good and everything I made conformed to product specification. I was entered in the forklift certification program. I passed the test but had not yet received my license.
About a week later, I was moving 55 gallon drums inside with a hand truck and it released as I was placing it down. I pulled back with my body weight and upper body strength to 'ease' it down. The truck hit my shin with my foot planted on the floor and it hyperextended my knee. There were no witnesses.
I told my trainer immediately but no 1st Injury Report was filled out. Because I was still in my 'probationary period', I chose not to persue it. I assumed I pulled something and it would get better in a few days. WRONG.
A week and a half after the accident, I called human resources (on my 90 day) to check my insurance eligibility. It wouldn't be active for at least another 3 weeks. I didn't want to persue comp because I didn't know anything about it and would rather heal up on my own and just carry on. I left for the hospital for approved time off to recover. I was given light duty restrictions and later was told not to return without the clearance of an orthopedic specialist.
I reported my injury a few days after to an actual 'supervisor' of an unrelated department and he later stated he wanted no involvement and denied me telling him even though there was a witness present.
I pushed the issue with the plant manager because there was no designated supervisor for the department and a 1st Injury Report was filled out. I presented the 30C which employers don't tell you about. You must get this form yourself and submit it IMMEDIATELY. While waiting for my appointment date and persuing workers compensation, I was called in for a meeting and terminated. All they said was I didn't work out. No mention of my injury or anything.
The pink slip had the wrong 'last day worked' so I called for the correct copy. Management requested the copy back so I made a copy beforehand. The last day I physically worked there was my 91st day. The second pink slip stated my last day being my 90 day- hence leaving no grounds to collect unemployment.
I stated that I had made a photocopy and a third (correct) pink slip was sent via certified mail.
Employees had previously asked what happened to my knee and told them and explained it felt similar to a previous injury 5 years previous. Word got back to management and because a 1st Injury Report was not filled out right away, they used this as a means for claim denial.
Upon picking up my second pink slip, I ran into my trainer and we spoke. He thought I was still out on medical leave. I asked if he had been questioned about my performance, attendance or anything for that matter. He was never questioned. He also agreed that I was capable of performing the functions of the department with no accomodations. He also was asked by management to write a report with dates and times to serve as a record for my file. They did not voluntarily disclose this information during my hearings because they didn't think I knew and it was obviously not in their best interest to do so.
I went for an unemployment hearing where no company representative showed and they changed their reasoning for termination from 'not working out' to 'availability full time'. I was in fact available full time but only on light duty.
While battling it out with the insurance company, I finally was granted a one time visit to the specialist without prejudice. Now things are pending an MRI and it's been 3 months since the injury. After that duration of time, what injury would remain to prove I did what I originally reported unless it has permanent damage.
All hearings are conducted at a Workers Compensation Commission Office coresponding with the county you reside in so make sure you send your 30C to the right office.
In the hearing regarding CT General Statute 31-290A (wrongful termination/discrimination), their lawyer used attendance and performance as a reason for discharge. Why would the company enter an employee into training if they intended on firing the individual in the first place? It makes no sense.
Now my old trainer has been promoted to Supervisor just after my termination. This was probably a reward for doing things in their best interests but I have no way of proving this.
Now it's big insurance company reps and lawyers against one person. ME. They are trying like mad to gather anything they can to walk all over me. I have composed a detailed report with names, dates and times and tons of medical records and forms. Roughly four inches thick. I am getting my personell file from the employer as well as the trainers statement of my injury. So you get hurt for any reason, don't put yourself in my situation unless you want to lose a lot of sleep and possibly be denied in the end. I am still to determine the outcome of my case. This is a vital time and I definately need a solid referral for an excellent attorney. If anyone knows of an above average lawyer, please let me know. If anyone has a question of any kind pertaining to their own case, post a reply as my email will be notified of such activity.
TO BE CONTINUED.....

