Company discipline for injury

[black651]

I re-injured my back at work and was in horrible pain throughout my shift. I could not leave and be seen by a doctor until after my shift had ended. When it finally did end, I went directly to the ER and had the pain treated, but it took several hours (As anyone is familiar with emergency rooms can attest).

I got home around 6 AM and grabbed a couple hours of sleep, showered and went in to work on my day off in order to fill out the paperwork for the injury.

I was asked to speak to my supervisor a week later and she told me that by not notifying her before the end of my shift of my injury I am being given a "write-up". It was a written warning that I violated company policy by the untimely report.

I understand the policy and do realize that importance of notifying one's direct supervisor when an injury occurs, but I haven't ever received disciplinary action in the four years I have been with this company. She also stated that I was to bring some paperwork to my next doctor's appointment detailing the exact physical limitations. Kind of an informal FCE.

I am frightened that they will fire me if I am not able to perform well enough on the examination. Also, I was injured by the company's lack of personnel available to assist me in transferring patients in and out of wheelchairs in the first place. I makes me angry that they are threatening me with possible termination because I was in so much pain that I wasn't able to think straight and didn't report the injury before I left the worksite. Strikes me as kind of petty and vindictive. My write up states that I may be terminated for further violations.

I live in Minnesota and I do know that there is a statute 176.82 :

"Retaliatory discharge. Any person discharging or threatening to discharge an
employee for seeking workers' compensation benefits or in any manner intentionally obstructing
an employee seeking workers' compensation benefits.."

and further:

"An employer who, without reasonable
cause, refuses to offer continued employment to its employee when employment is available
within the employee's physical limitations .."

There is another staff person that has lifting/other restrictions and she is working full time becauase the company made reasonable accommodations in her work description. I get the impression that they would not be willing to do the same for me.

Am I being too paranoid about the company's motives?

[RNvic]

Black- welcome to the forum, come often, ask questions or just share.
It is very important that you keep a copy of all doctor reports, start a journal of what happened, when, any witnesses, any one you talk with and what is said. Also write down any changes this is causing in your daily life, rate your pain on 0-10 scale, what if anything helps with pain,what makes the pain worse. Go to top of the page and read the laws for your state that will help.

Tinkerbell

[kate]

Unfortunately, too many employers make the mistake of treating their employees poorly when they get injured. Some mistakenly believe that if the employee no longer works for them, they are relieved of their obligations under WC. Not so. In fact, it usually causes the claim to become much, much more costly.

Some supervisors have bonuses tied into their safety records and when someone gets injured, they lose their bonus and they take it out on the worker. For whatever reason they do it, all they do is make the situation worse.

You may or may not be paranoid, but it does happen all the time. Not to say that it will happen to you. As long as you follow all the company rules from here on in, they shouldn't have any reason to dismiss you. But, sometimes employers "find" reasons anyway.

Your workers' compensation medical benefits continue regardless. As far as wage benefits, it depends on the insurance carrier whether they continue benefits for Temporary partial (able to work with restrictions) if you have been terminated. Some take the stance that you aren't working, not because of your injury, but because of being terminated for cause. Others take the stance that you have restrictions but the employer is not providing you light duty, therefore you are entitled to benefits.

This is where your documentation comes into play. If it should have to go before a judge, in most cases I've seen, the judge usually will look at the facts and make a determination in favor of the injured worker. (I'm talking based on what you have said the circumstances are) I even had one fired for stealing (caught redhanded and arrested) and the judge still ruled in his favor.

I hope you don't have to go through this but if you should, being knowledgeable about your state's laws and having all your documentation will help even if you end up getting an attorney.

Good luck.

Follow RNvic's advice and document everything. Most times, it comes down to who is most credible and if you have all the documentation, it helps.

[Bad Boy Bad Boy]

If it is in the company policy, and yet you had time to work the shift in pain, you then also had time to report the injury. If in the company policy, they have every right to write you up with a warning letter. Company just honnoring their policy is all. But, either way, you will and should still be getting Work comp benefits.

[Still in Limbo]

Hi Black, and welcome to the Forum!! The Others above have given You Excellent Advice, and as Bad Boy has Said, You should still Receive Care for Your Injury, and as long as You Follow Your Companies Guidelines from this Point on, You should be Fine!I Wish You My Best, and Again Welcome!!