hurt at work

L

lori516

Member
Jurisdiction
New York
I was injured at work by my Boss when he grabbed me leaving the store. He chased after me and grabbed me around my neck and shoulders because he saw something in my pockets while I was leaving the store. I was suspended and had 1 union meeting 5 days after the incident. The company's stance is to fire me. my question is am I allowed to collect workers comp even though am suspended ? If am not able to because being suspened is my only choice to file a lawsuit for him causing my injury? If anyone can advise me my legal rights i'd appreciate it. Also he admitted he grabbed me at the union meeting with my union rep present along with company's human resource manager present. So I don't have a he said she said problem. if I do get fired does that change me losing workers comp. or will I still be able to have workers comp pay for medical even if it doesn't cover weekly payments? or am I entiled to both or none. Thanks for any help Lori
 
You are free to file for workers comp, the state will make the decision.

You can even retain a lawyer to assist you with your wc claim.

Here you go, how and where to file:



You can also file for unemployment, if you're terminated, and the state will decide.
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NYS Workers Compensation Board - Home Page
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WC FAQS
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NYSIF - Claimant FAQs
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Thank You Judge. I already filed for unemployment but am still in the waiting period of status pending. But my injury is worse each day so I was wondering if I go to a doctor do I tell them its a workers comp injury or will that not be true as me being suspended. If they don't cover the doctor visit will my reg insurance still be in affect or did I lose my insurance as well. Hope I explained my problem for you to understand. lol Thanks Judge
 
The decision will be made by the state.
Based upon what you described, might be more a battery, than an injury.
You were accosted, physically restrained, perhaps attacked; so it's hard for me to say.
If you still have health insurance, it'll probably pay, f the WC claim is denied.
I wouldn't worry about that if you're in pain, you need treatment.
So, get it, report it as WC; if you believe it was an on the job injury.
The state will decide.

If, however, you believe you were the victim of a crime, make a police report using your health insurance to pay for the medical treatment.
 
army judge said:
The decision will be made by the state.
Based upon what you described, might be more a battery, than an injury.
You were accosted, physically restrained, perhaps attacked; so it's hard for me to say.
If you still have health insurance, it'll probably pay, f the WC claim is denied.
I wouldn't worry about that if you're in pain, you need treatment.
So, get it, report it as WC; if you believe it was an on the job injury.
The state will decide.

If, however, you believe you were the victim of a crime, make a police report using your health insurance to pay for the medical treatment.
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Am gonna file workers comp from the link you sent me. I was accused of stealing and that's why the manager tried stopping me from leaving. I brought items into work and when I was exiting the manager saw the items on my person and that's what made him run after me. At the union meeting the compant said they didn't have any video evidence to say I took the items that I had on my person. My standing is if you weren't 100 percent certain I stole the items then your negligent ? did he have the right to do what he did. He also lied about where he grabbed me. He said it was outside the store but not passed the curb. But it was at least 15 feet from the curb. Clearly was in the parking lot. Is that make a difference of where it happened? or is it against the company policy of where he is able to restrain me. your the best Judge :)
 
Did the manager, security, or anyone find anything on you and take it from you?

Don't explain how it got there, just let me know if anything was found and taken from you to back up the claim that you "stole" something.

Were the REAL police called at anytime after the manager confronted you?

Were you taken, or ordered to return to the store?

Do you have any witnesses of the confrontation, or attack?
 
army judge said:
Did the manager, security, or anyone find anything on you and take it from you?

Don't explain how it got there, just let me know if anything was found and taken from you to back up the claim that you "stole" something.

Were the REAL police called at anytime after the manager confronted you?

Were you taken, or ordered to return to the store?

Do you have any witnesses of the confrontation, or attack?
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The store manager found something in the parking lot while he was walking to his car. He brought it back into the store and called the company's security, then security came down and wasn't a pleasant fellow. He was trying to scare me by saying he was an ex cop and sat across from murders and rapists and after I started to explain certain things to him about prior things between me and manager he started to say things like maybe the company doesn't like you and your work performance isn't all that good. He knew a lot for someone who I never had any interactions with. I spent 10 mins in the office alone with him and he wanted me to leave my apron that I wear at work. I refused because of fear of him putting something in it and saying I had it on me. I told him my right to union rep being here and enforced my Weingarten rights. I stood up to leave as it was at the time my day was over and he blocked me from leaving the office by standing at the door. That's when I dialed 911 and told them I was being detained by security. They told me to wait outside for an officer I said well that's why am calling he won't let me out of the office. I guess security knew he had no choice but to let me leave even though he said as I squeezed around him don't touch me when my body brushed up against his. I said well if you'd move we wouldn't have that problem. When I got outside the 911 called me and asked if I was outside, I said yes and the security man followed me out and threated to have me arrested for leaving with my apron. I waited 10 mins and called 911 back and said I am leaving so there's no need for the officer to come, she said there already on there way I said well am not going back just to let them no. She said ok. I did return to the store after my break was over, that's why I was leaving the store, I was going out to get my lunch. I told the manager as I was leaving because he was standing at the exit when I was walking out. That's when he asked me what I had in my pocket.
 
lori516 said:
The store manager found something in the parking lot while he was walking to his car. He brought it back into the store and called the company's security, then security came down and wasn't a pleasant fellow. He was trying to scare me by saying he was an ex cop and sat across from murders and rapists and after I started to explain certain things to him about prior things between me and manager he started to say things like maybe the company doesn't like you and your work performance isn't all that good. He knew a lot for someone who I never had any interactions with. I spent 10 mins in the office alone with him and he wanted me to leave my apron that I wear at work. I refused because of fear of him putting something in it and saying I had it on me. I told him my right to union rep being here and enforced my Weingarten rights. I stood up to leave as it was at the time my day was over and he blocked me from leaving the office by standing at the door. That's when I dialed 911 and told them I was being detained by security. They told me to wait outside for an officer I said well that's why am calling he won't let me out of the office. I guess security knew he had no choice but to let me leave even though he said as I squeezed around him don't touch me when my body brushed up against his. I said well if you'd move we wouldn't have that problem. When I got outside the 911 called me and asked if I was outside, I said yes and the security man followed me out and threated to have me arrested for leaving with my apron. I waited 10 mins and called 911 back and said I am leaving so there's no need for the officer to come, she said there already on there way I said well am not going back just to let them no. She said ok. I did return to the store after my break was over, that's why I was leaving the store, I was going out to get my lunch. I told the manager as I was leaving because he was standing at the exit when I was walking out. That's when he asked me what I had in my pocket.
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The only evidence that I no would show the attack would be there cameras that are located at exit and outside looking out to the parking lot. But there not gonna show me that he did in fact lie when he said he never left the curb. The camera would show he did. Am I entitled to video footage if I wanted to hire an attorney to fight the termination, or is it there video and they don't have to release it to defend my claim?
 
If you've recalled events accurately, I don't see a successful prosecution against you.
That doesn't mean you won't be charged.
It means if you're charged, you continue not to comment on this matter and get a good public defender, you'll likely beat the charge.

Add to the fact you sound like a female.
You were accosted by a brute of a male, then interrogated and threatened by a brutish, braggart of a former police officer.

Going back into the store won't help you.
Had you left initially, as planned, you might have nothing to fret about.

As things stand, you might not lose your job.
However, you'll probably have a target on your back.
That said, if you prevail, it's time to transfer stores.
But, there's more to come before you get to that bridge.

So, get treatment for your injuries.
It'll help your case, trust me.
You sound as if you've now become a "battered woman".
You might even have PTSD.
So, you want to seek out a psychiatrist or psychologist to talk about the "attack", the threats, the bullying, and your "injuries"!
Those consultations could prove very helpful in proving up your "damages".

After the medical care, the mental health care, you'll then want to talk to a abhor law attorney.
Your union can give you the names of some, and maybe your union will help with the cost.

Last comment. From this moment forward, you must be as SQUARE as a FedEx box, and as straight as an arrow. When on the job, you're always about the company's business. You'll be watched like a pedophile stalks his prey, so be alert from the moment you clock in, until you lock out.

For goodness sake, don't even "buy" anything on the job UNLESS you follow company policy to the letter, NO SHORTCUTS.

You just might have stumbled (or have been PUMMELED and BEATDOWN) into a WINDFALL.

'NUFF SAID.
 
army judge said:
If you've recalled events accurately, I don't see a successful prosecution against you.
That doesn't mean you won't be charged.
It means if you're charged, you continue not to comment on this matter and get a good public defender, you'll likely beat the charge.

Add to the fact you sound like a female.
You were accosted by a brute of a male, then interrogated and threatened by a brutish, braggart of a former police officer.

Going back into the store won't help you.
Had you left initially, as planned, you might have nothing to fret about.

As things stand, you might not lose your job.
However, you'll probably have a target on your back.
Tat said,
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I only went back into the store because I was afraid had I left after he grabbed me outside that they would say I left work without punching out and didn't want to add to a problem with another problem
 
lori516 said:
Army judge do you remember ozmets from 2 yrs ago with suspended because of stealing time. ? well guess what? Yes after getting my back and unemployment ruled in my favor for the 10 weeks out of work and the company appealed it but never showed up at the hearing. I returned after 10 weeks and was suspended again 3 days later for another 10 weeks and also got paid from unemployment. They never showed for the hearing that they requested. I sign there letter because it stated in the letter that they would transfer me and send me to a different store. After I signed it they said they would call me to let me no where I was going. Guess what? They returned me to the same store that they wrote stating a transfer
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Yes I do.
I don't lose cases.
Occasionally a client going rogue loses his or her case.
This time, slow and sure, very carefully; like a turtle.
 
army judge said:
Yes I do.
I don't lose cases.
Occasionally a client going rogue loses his or her case.
This time, slow and sure, very carefully; like a turtle.
Click to expand...
Lol do you think that my past case helps or hurts this case? Ive been a target since I returned back to work 2 yrs ago. I been writing down all the events from work for the past 15 yrs. lots of harassment and they always say "My History" am like you people caused all my history!
 
lori516 said:
Lol do you think that my past case helps or hurts this case? Ive been a target since I returned back to work 2 yrs ago. I been writing down all the events from work for the past 15 yrs. lots of harassment and they always say "My History" am like you people caused all my history!
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Your past shouldn't matter.
Your lawyer will see to that.
Besides, you didn't lose in the past. LOL
 
lori516 said:
was abhor a mis spell or is there such a thing a abhor lawyer?
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if they call and say your gonna return back to work do I still continue seeing shrink for mental stress. they had me 2 yrs ago go see the company shrink before they allowed me to return to work. they were afraid of me hurting myself or others. That's a joke they could care less if I was 10 feet under ground. Its all about covering there ass, but to be honest there not so good at preventing problems more so there good at creating them
 
lori516 said:
if they call and say your gonna return back to work do I still continue seeing shrink for mental stress. they had me 2 yrs ago go see the company shrink before they allowed me to return to work. they were afraid of me hurting myself or others. That's a joke they could care less if I was 10 feet under ground. Its all about covering there ass, but to be honest there not so good at preventing problems more so there good at creating them
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Ask your union, your lawyer, and your mental health professional.

This time it depends if you want to return to work, or see if the lawyer can get you a tidy six or seven figure package.
 
army judge said:
Auto spell.

LABOR LAW ATTORNEY. LOL
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I figured it was. google was no help haha I think ill use the same lawyer from 2 yrs ago even though I never retained them because as soon as I told the union I had my own lawyer they called and said I was returning to work. lol but now I have more harassment then I did 2 yrs ago.
 

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