i'm not sure what to do (minnesota) - Printable Version
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i'm not sure what to do (minnesota) - trex - 04-03-2011 05:22 PM
Okay, I've posted here once before, so i'll quickly summarize and then hopefully someone on here knows what to do next....
i got a back injury in january catching a client from falling in the shower. the shower at the group home had been broken for a year, and they never bothered to fix it, despite our complaints. we also had no lifting equipment for this client (they got that shortly after i got hurt, and i was not the first hurt, just the worst hurt)
well, since then my employer has falsely disciplined me (i wasn't even at work to do anything wrong), threatened my job, suddenly the paperwork i had to file to have my other job was "unsigned" despite it being turned in 5 months ago, and they accused me of fraud as well as giving me an extremely low yearly raise compared to other workers(less than half of their raise) even though i had never been in trouble at work before.
now, they gave me a new job.... in a department they are closing in june. they waived the exact same lifting requirements that are listed along with my old position (which they refused to waive for me), yet my old position isn't closing. my fear is that they are doing this so they won't have to pay me wage benefits because "my position ended, not because i got hurt"
the insurance lady cut my benefits because she changed my wage determination, even though my employer is telling her i do have a set schedule, she refuses to go off of that.
i'd like to take my employer to court because i was injured and they knew the bathroom and lack of lifting equipment was a hazard, as well as their retaliation against me for filing workers comp. however, i keep hearing i need a workers comp lawyer, but then i hear that i need an employment lawyer and i have no idea what i need or if it's even worth pursuing.
RE: i'm not sure what to do (minnesota) - bronco54501 - 04-03-2011 05:52 PM
I believe you may need both a wc and a emloyment lawer.. As far as suing your employer, they are protected by law thats why the have comp ins... But you could report them to osha, but then again you wont gain financialy but may be worth the peace of mind..
RE: i'm not sure what to do (minnesota) - trex - 04-03-2011 06:07 PM
i'm wondering if i have a case against them for retaliation and negligence. i don't think workers comp covers them purposely ignoring safety hazards that had been reported to them for a year. i already reported them to OSHA, as did a coworker of mine.
RE: i'm not sure what to do (minnesota) - 1171 - 04-03-2011 06:15 PM
the hot line may be able to refer you to other resources
RE: i'm not sure what to do (minnesota) - Manley2 - 04-03-2011 09:30 PM
If OSHA does anything that collects fine they keep the money and not you. Now I'm not saying it doesn't help to make the place safer for others but thats about all that will do. Speak with a lawyer on the retaliation but that is normally and very hard thing to prove. Good luck
RE: i'm not sure what to do (minnesota) - trex - 04-03-2011 09:58 PM
I don't care if I don't get money if osha fines them, I'd just like safety to improve because my department consists of like 5 group homes and we had 20 injuries last year because they don't care.