workers comp

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danswiet

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i am a female that works for a utility company. in june 2003 i was assaulted by a customer in his home. he kept grabbing me around the waist, rubbing me and kissing me. i filed charges with the police and the person admitted to everything. he was charged with assault but it was knocked down to harassment with 30 days counseling!! our eap person came to see me and said that since it only happened once in the eleven years that i've worked there it proves that it doesn't happen all of the time and that i should get back to work. i told her that i needed counseling. it took her over a month to find someone, then she told me that the company wouldn't pay for it. she said my insurance would pay half and if i really needed help like i claimed i would be willing to pay the other half!!when i refused she then said that the gm would pay $1,000 towards counseling if i didn't file workers comp!!! she told me that the company had to watch its premiums!! i filed for comp and have had 2 hearings and am waiting for the third hearing in april. i have since found out that the gm's bonus is affected by workers comp, sick days, things like that, hence the harassment i received. also may have proof that they bribed the officer who took my report(from other officers). he has since retired. my question is whether or not there is any other action i can take against the company besides workers comp. i believe the behavior was negligent and discriminatory(i am one of 2 females black union members in the state). we have no safety training concerning this type of situation and there is no policy in place detailing how to handle it. my attorney refuses to subpoena anyone, saying the four doctors reports should be enough. i say don't leave anything to chance. the company is determined to not take responsiblity. I have filed with the eeoc but would like feedback from anyone who may have some experience with a similar situation. thank you
 
My thoughts are your situation in no particular order are:

1. The district attorney decides what crime a person should be charged with/prosecuted for, not the police. It's extremely unlikely your employer bribed the police or that it would have had any impact on the DA's decision even if it happened. Consequently, bribing the police officer would have been irrelevant - which makes it even more unlikely that it occurred.

2. Nothing in your post suggests you have been harassed by management as a result of filing a WC claim. They were slow in filing the claim and offered other options to you. That wasn't necesarily an appropriate way for them to proceed. Nonetheless, they did eventually file the WC claim and didn't break any laws. There's no negligence in anything you describe.

3. It took a MONTH to find a counselor you could speak with? I don't get that at all.

4. Listen to your attorney. He knows what he's talking about. No, there are no other claims you can bring against your employer. He is correct in stating that if he is presenting four doctor's reports as to your injuries or mental health problems since the incident, that is more than sufficient. There's no need to subpoena anyone.

5. Bonus plans for general managers, plant managers, etc. are often based on a variety of performance indicators. It's not at all uncommon for safety and absenteeism to be among them - along with a number of other performance measures for the business.

6. The EEOC? They enforce federal discrimination laws. They have no jurisdiction on State WC issues nor does anything you describe suggest any prohibited discrimination has taken place.

7. You had a very unpleasant and frightening incident occur but it seems as though you won't be satisifed until you get an ounce of flesh from your employer. As it just doesn't work that way, no matter how the WC claim is decided by the law judge, I imagine you are going to be disappointed.
 
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