Perfect Storm- Harassment, workers comp, demotion

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k9handler

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I have a work issue encompassing workers compensation, salary and demotion, and harassment.

I have worked at a major retail store for 1 1/2 years. 2 months ago I was injured. I Was out of work for over a month and had not received any temporary total payments for 8 weeks. I hired an attorney to handle the workers comp situation. Once I returned to work, I was harassed repeatedly by the manager/asst.manager. Once that was settled, I then found out that the company had placed me on temporary disability because I could not do my job in its entirety. To my surprise, they found it fitting to pay me 60% of my normal wage and claimed it was legal. In a sense, I was stripped of my title and my pay after being hurt on the job.

My attorney is strictly for the workers compensation and said that since the company provides workers compensation I could not sue the company. There was a ton of negligence that lead to my injury in the first place, but it is untouchable

Should I hire an additional attorney, and if so what would my claim be? I have never been in this situation before and i don't know where to begin. My attorney is high profile and it takes weeks to get a response from him, so I am not even sure he can do anything about the harassment or the demotion.
 
there are several different things going on at one time in your situation

correct, wc says you can't sue the employer over the incident itself that caused your worker's comp claim

however, if your employer is now 'violating' wage and hour laws, then that is a seperate issue all together that can be pursued outside of the worker's comp claim

the least expensive route to go is to file a claim with your state wage and hour and or disability agency, or if there is no state disabilty board, then file with eeoc.

http://www.dllr.state.md.us/labor/emps.shtml

you might also ask your wc atty what they think about the actions of your employer as being 'retaliation' for having filed the wc's claim
 
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1. How were you "harrassed" by the supervisor when you returned to work?

2. If you cannot "do your job in its entirety", the employer is not required to allow you to return to work. If you had such restrictions, you should have continued to receive TTD payments. Did the TTD payments stop and, if so, why?

3. What "disability"? Was this a salary continuation plan funded by and paid by the employer? Or was this a disability insurance policy you enrolled in as part of your benefit options?

4. You have an attorney. You have to decide whether to take his advice whether you like it or not, or try to lawyer-shop for an attorney who tells you what you want to hear. Lawyers don't like to take clients like that.

Have you returned to work yet?

Did FMLA apply?
 
1. Both the managers questioned the seriousness of my injury and made nasty comments like " my cousin got hurt at work and he was back only 3 days later.." and The assistant manager kept referring to me as a "Cripple" and "handicapped" to customers and other associates. My attorney sent a letter to the workers comp rep and she was supposed to forward it to the employer about their conduct.

2. My employer practically begged me to come back and answer phones at least. My TT payments stopped 2 weeks ago, when I returned to work full time. I am not sure why they stopped, but instead of workers comp, I am on a temporary disability program ( which I think is illegal)

3. I am not enrolled in anything through my employer. I have insurance and benefits through my husband. I do not have a disability per se, But I am still recovering from an injury and am still under restrictions, and will be for another 5 weeks from my dr. I am not allowed to lift with either arm, grasp,push, pull or have contact with any animals etc. Basically, I cannot run the kennel, I have to sit and stay on the phone.

4. My attorney is very clear cut and doesn't mince words. He has not responded to my questions about the pay or harassment- I deal with the paralegal. I do not have any other experience with workers compensation, so I went along with his action plan.

I am working, making $8.55 instead of $11.

I also did not know what FMLA was until i just googled it.
 
I forgot part of #3.

It is a company program that is brand new. No matter what level you are in the company, if you get hurt and you take over a month to recover, then you get $8.55 maximum when you return to work. After you return fully, you get your normal wages.
 
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i would discuss the issue with eeoc in your area

http://www.eeoc.gov/baltimore/index.html

lowering your pay, etc. due to a disability and the harassment, etc. are both issues that the eeoc could address outside of the wc claim. you were out on disability and you have returned to work with medical restrictions that they need to accomodate. any policy that states any returninmg worker from disability leave will get a reduction in pay, seriously needs to be reviewed by eeoc.
 
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