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Injured at work

Discussion in 'Workers Compensation' started by Excalibur350se, Jul 3, 2018.

  1. Excalibur350se

    Excalibur350se Law Topic Starter New Member

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    Jurisdiction:
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    I was helping to set a motor and was standing next to an employee who at the time was using a big screwdriver to align a motor to bolt it up. The motor shifted and the screwdriver was forced out and struck me in the face. Causing me to have 8 stiches to the middle of my upper lip. This happen on a Monday I went back to work on Tuesday with restrictions to not work in the plant and stay out of the heat. On the way home after a 10 hour day I started to feel dizzy and I couldn’t focus on the road. The next day (Wednesday) I brought this up to my safety director and went back to the doctor and was diagnosed with a concussion which limited me to not use a computer, cell phone or read on top of my other restrictions. Thursday with only 12 hours sleep and a massive headache and throwing up I emailed the safety guy and asked to go home he said I would get a point and this would fall under the company policy of a missed work day. I then called the plant manager and told him what was going on. He said to go home and he wouldn’t give me a point. I then proceeded to the break room and get my lunch box and call my wife because I wasn’t allowed to drive home ( which is a 40 min drive ) That was interrupted by a supervisor who said I needed to go back to the plant manager. While talking to the plant manager he told me I need to not abuse the fact that he was allowing me to go home. There was an exchange of words and I ended up getting to leave. Now remember I went home due to the injury that I took on Monday. So on Monday the following week I called the women in charge of payroll and asked how many hours I was getting paid for on Thursday because I felt that I should get paid the whole day because I was trying to recover from the concussion. Of course I was called back up to the plant managers office because he wanted to know why I thought I needed payed. I told him because I went home because of the concussion ( headaches and vomiting and dizziness) that the company doctor diagnosed me with. He said I was released with restrictions that I could have set at the computer all day and did work and got paid. I chose to go home and there for I wasn’t getting paid. Sorry for the long details there is more to the conversations but I won’t elaborate. I’m confused at to what to do he was arrogant and not very understanding.

    Thanks for your time
     
  2. army judge

    army judge Super Moderator

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    Perhaps you should consider filing a workers compensation claim for an injury suffered while on duty.

    You can meet with a couple workers comp attorneys in your county and see if that option is available to you.

    You should also schedule an appointment with your primary care provider or the initial physician who treated you, report your recent concerns, ask for a complete exam to determine if anything else is damaging your health.

    If I were you, I'd forget rudeness claims, and try to make nice with the plant officials if you want to keep your job.

    You were instructed by the physician to stay off the computer.

    I don't see where using the computer at work was an option.

    Bottom line, try to play nice, so the authorities don't start playing you dirty.

    I always bit my tongue, shut my mouth, smiled, when money was on the table.

    No need to respond to every allegation, just play dumb and chalk it up to your injury. After all, you're SUFFERING from a concussion.
     
  3. Excalibur350se

    Excalibur350se Law Topic Starter New Member

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    Would you by chance have an estimate on what pain and suffering would be on 8 stiches to the middle of the upper lip and a concussion would be?
     
  4. army judge

    army judge Super Moderator

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    Nothing I say will be useful to you in the way of a number.

    However, if things are as you've said, this could be HUGE for you.

    See two or three local lawyers tomorrow, no later than by Friday.

    Workers comp lawyers, the damages are limited by state law.

    If you choose to sue, damages have no legal limit.
     
  5. ElleMD

    ElleMD Well-Known Member

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    There is no "pain and suffering" in a WC claim. You are entitled to relevant medicals, lost time under certain circumstances (which would not have been met from what you describe above), and compensation for any permanent disability resulting from the injury. There are a few other "benefits" available but they would not be relevant to your claim as described. Unless your employer has a policy of paying for the whole day if you report for part of a shift, you would not be entitled to pay for time you did not work.
     

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