First of all I work in the construction industry. I was injured on the job with witnesses when I fell and hurt my leg and shoulder. My company sent mr to our company doctor who at the time was busy coaching football in our city, so he had a husband and wife team taking care of the office. They are both retired, but I am sure that they were still licensed. They were going to take shoulder xrays, but nobody was qualified there to do this that day, instead they sent me to physical therapy which continued for a week with worse results. In the meantime, my employer was going around telling fellow employees that I was faking the injury, and made a joke about me being on light duty "counting nuts and bolts". I also inquired with them about wc paying the difference for wages lost while under a doctors care and was told I wasn't eligible for this. I asked who the workers comp rep was and they said they would take care of the bills and there was no reason to file with the wc people. I went to my last physical therapy appointment, and they notified the doctors office a day ahead that I needed shoulder xrays, and recommended they refer me to an ortho doctor. The day I went to the company doctor, again he was coaching, with the elderly couple (70's) running his office, and nobody again could take xrays. So now we have wasted 3 weeks of my life, no workers comp $$ to supliment my earnings, and my emplyer is saying that I'm not injured. Luckily the company stand in doctors referred me to an ortho doctor who injected me with steroids and made me go to therapy for an additional 3 weeks. Employer saying I'm not injured, I faking injury etc. Went back to ortho doctor and suggested an arthrogram for my shoulder. Arthrogram showed a torn rotator cuff. Employer said I was still not eligilble for wc$$, and told people I work with that I didn't get injured on the job. I on my own called our wc carrier and explained what had happened, and that I was getting bills for my medical services, and wanted my $$ they owed me while being on light duty. My company was not happy with this, but I recieved $2200.00 in back compensation, and sent the bills in. My injury was in Oct 2004. I had surgery the end of January to repair the rotator cuff tear. In all of this I have been put under alot of stress, both mentally and physically. I have been put down and called a liar basically by my employer, and now I was sent back to work with restrictions to basically do nothing but sit until the first week of March, my employer wants me to disregard my restrictions (which is no use of either arm at the workplace) and go out into an unsafe enviroment that could reinjure my shoulder. I am on percocet for pain, and my rehab will be approx 12-16 weeks. (after typing all this with one hand) I know I have an industrial injury, my employer has made me look bad to many people and lied both to me and them, what is my recourse in this besides a disability settlement. I also failed to mention that about 50 people this year throughout the company have been injured and recieved no wc$$ to supliment them while under a doctors care, I believe this is a violation of state and federal law, correct me if I am wrong please. Can I go after my employer with a civil suit, and certain individuals with a civil suit. They made jokes about my injury, told me I was faking, and with witnesses to the injury what is my recourse for stress etc. I am a trainer mentor with my company for 4 years, much respected. The person I want is the head of our company and our safety director, so this never happens to anyone else again! Also is their any recourse against our company doctor. Thanks Ernie
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First post..hope this is the right place
- Thread Starter ernie
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I believe this is a violation of state and federal law, correct me if I am wrong please Worker's compensation laws are State laws, not federal. Each State has it's own unique WC regulations.
Can I go after my employer with a civil suit, and certain individuals with a civil suit. They made jokes about my injury, told me I was faking, and with witnesses to the injury what is my recourse for stress etc. You cannot pursue a civil suit against an employer in a worker's compensation situation. Any benefits an individual is entitled to if they suffer an occupational injury/illness are outlined in your State's WC regulations and that is your sole recourse. If you are asking whether you have the basis of a slander/defamation claim because of statements your employer has made, I doubt it but you may wish to consult with an attorney about that.
If you believe you have not received payment for lost time from work and/or medical bills you are entitled to under your State's WC regulations, you can file a complaint with your State's Worker's Compensation Division. You may find it helpful to consult with an attorney specializing in WC before you do.
Can I go after my employer with a civil suit, and certain individuals with a civil suit. They made jokes about my injury, told me I was faking, and with witnesses to the injury what is my recourse for stress etc. You cannot pursue a civil suit against an employer in a worker's compensation situation. Any benefits an individual is entitled to if they suffer an occupational injury/illness are outlined in your State's WC regulations and that is your sole recourse. If you are asking whether you have the basis of a slander/defamation claim because of statements your employer has made, I doubt it but you may wish to consult with an attorney about that.
If you believe you have not received payment for lost time from work and/or medical bills you are entitled to under your State's WC regulations, you can file a complaint with your State's Worker's Compensation Division. You may find it helpful to consult with an attorney specializing in WC before you do.
thx Beth
I have recieved what I have coming at this point through workmans comp. Can I file any type of civil suit for my employer not submitting to the workers comp carrier my lost time and making me wait 2 months, and making false statements about my injury, saying that I was faking it, tough it out, poor treatment by company doctor, degrading me to other employees, making me do things at work even though my restrictions are no lifting or use of either arm, harrassing me to do things at the workplace. I am totally stressed out! Please, I need some input from somebody that has been in this situation, or has represented someone in this situation. Also I knowyou said that each state has their own w/c laws, is there a federal statute that covers an employee against an employer who has failed to pay w/c to an employee who was injured. We have 50+ people injured last year that didn't recieve a penny from w/c when they were injured. This is a major corporation we work for. More than one opinion would be appreciated please. Thank you! Ernie
I have recieved what I have coming at this point through workmans comp. Can I file any type of civil suit for my employer not submitting to the workers comp carrier my lost time and making me wait 2 months, and making false statements about my injury, saying that I was faking it, tough it out, poor treatment by company doctor, degrading me to other employees, making me do things at work even though my restrictions are no lifting or use of either arm, harrassing me to do things at the workplace. I am totally stressed out! Please, I need some input from somebody that has been in this situation, or has represented someone in this situation. Also I knowyou said that each state has their own w/c laws, is there a federal statute that covers an employee against an employer who has failed to pay w/c to an employee who was injured. We have 50+ people injured last year that didn't recieve a penny from w/c when they were injured. This is a major corporation we work for. More than one opinion would be appreciated please. Thank you! Ernie
Can I file any type of civil suit for my employer not submitting to the workers comp carrier my lost time and making me wait 2 months No. You can file a complaint with your State's Worker's Compensation Division if you feel your employer unlawfully delayed filing your WC claim.
is there a federal statute that covers an employee against an employer who has failed to pay w/c to an employee who was injured NO. Worker's compensation is a STATE LAW issue. These employees are all free to contact their State's Worker's Compensation Division and file a complaint if they were unlawfully denied WC benefits.
We have 50+ people injured last year that didn't recieve a penny from w/c when they were injured. I have no idea whether the employer filed WC claims with their insurance carrier which were legitimately denied, or whether the employer refused/failed to file their WC claims at all. As I said, each of these individuals is free to contact the State and file a complaint if they wish to. I would find it quite peculiar however that if the employer had unlawfully denied WC benefits to 50+ people that none of them pursued this with the State or obtained legal representation. Many if not most folks are pretty savy these days about how to pursue their lawful rights, even if they're not always certain what they are.
and making false statements about my injury, saying that I was faking it, tough it out, poor treatment by company doctor, degrading me to other employees, making me do things at work even though my restrictions are no lifting or use of either arm, harrassing me to do things at the workplace. While it's foolish not to, your employer generally isn't legally obligated to follow your doctor's restrictions. If you want to know whether you have a slander or defamation claim because of things the employer has said about you, you'll need to speak to an attorney but I doubt you have the basis of a claim as you haven't suffered any damages. You're still employed and I doubt your reputation has been irreparably harmed.
is there a federal statute that covers an employee against an employer who has failed to pay w/c to an employee who was injured NO. Worker's compensation is a STATE LAW issue. These employees are all free to contact their State's Worker's Compensation Division and file a complaint if they were unlawfully denied WC benefits.
We have 50+ people injured last year that didn't recieve a penny from w/c when they were injured. I have no idea whether the employer filed WC claims with their insurance carrier which were legitimately denied, or whether the employer refused/failed to file their WC claims at all. As I said, each of these individuals is free to contact the State and file a complaint if they wish to. I would find it quite peculiar however that if the employer had unlawfully denied WC benefits to 50+ people that none of them pursued this with the State or obtained legal representation. Many if not most folks are pretty savy these days about how to pursue their lawful rights, even if they're not always certain what they are.
and making false statements about my injury, saying that I was faking it, tough it out, poor treatment by company doctor, degrading me to other employees, making me do things at work even though my restrictions are no lifting or use of either arm, harrassing me to do things at the workplace. While it's foolish not to, your employer generally isn't legally obligated to follow your doctor's restrictions. If you want to know whether you have a slander or defamation claim because of things the employer has said about you, you'll need to speak to an attorney but I doubt you have the basis of a claim as you haven't suffered any damages. You're still employed and I doubt your reputation has been irreparably harmed.
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