Is this negligence? - Printable Version
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Is this negligence? - lynn22 - 05-07-2012 05:52 PM
I will try to be brief.
Injured my back in 2004. Received a settlement along with future medical.
Re-injured the same spot doing the same job in 2011. My employer opened a new claim and sent me to therapy. The manager threatened to demote me if I kept the work restrictions, so I told the doctor that I was better to get the restrictions lifted.
I and other coworkers brought the unsafe working conditions to the attention of the manager, and he refused to buy the proper equipment. I had to keep doing the job, and AGAIN, injured the same spot doing the same job (involves lifting 60+ lbs with no safe equipment) last week. I am in terrible pain! Now, I am being threatened with disciplinary action for not following the chain of command when reporting my re-injury. Plus, my supervisor is claiming that he told me not to do any lifting after the previous injury.
Another co-worker was also injured a couple of weeks ago, doing this same job and was talked out of filing a claim.
I don't know what to do. Since I already had an award, is there anything that can be done legally to protect me and my job? I am in Los Angeles, California. Thank you.
RE: Is this negligence? - 1171 - 05-07-2012 06:14 PM
you should contact your union as they can protect individual workers from unfair labor practices.
i'm not sure it will protect your or your job as that is not it's intention but safety violations should be reported to Cal OSHA.
you can investigate your rights under ADA to reasonable accommodation
you can file a discrimination complaint on your comp claims if you believe you have been subject to retaliation for filing a claim
see guide 7
RE: Is this negligence? - DESTROYEDINCA - 05-07-2012 06:55 PM
1. I would get a lawyer.
2. The co-worker should also get a lawyer.
3. It is unlawful in any form what-so-ever to not make a report
of the co-worker's injury in CA. Felonies, but it is IC fraud also.
4. The threats also may be a 132a claim under WC as well.
5. Your WC lawyer will direct you to a civil attorney for the
negligence or "serious and willful" if you need to file.
RE: Is this negligence? - lynn22 - 05-09-2012 07:10 AM
Thank you for the responses. At least I know that I have some options.
RE: Is this negligence? - PainandSmiles - 05-10-2012 12:11 AM
I didn't think you cold do a negligence suit in CA