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Wed Dec 5, 2012, 02:54 PM

LiberalAndProud (9,921 posts)

My son got injured at work. Fired.

Last edited Wed Dec 5, 2012, 03:01 PM USA/ET - Edit history (2)

Late Friday afternoon he was hurt while performing a task that OSHA doesn't approve of. Late that evening he realized his injury needed medical attention. His medical insurance won't cover the medical bills as it was an on the job injury.

His employer has a policy that all injuries must be reported within 48 hours. The plant is closed on weekends. Monday they advised him that he was on his own for the necessary surgery because he failed to file the report. And by the way, you're fired for not adhering to company policy.

Business is down, so there have been layoffs and firings and reduction in hours over the past several months. Employees are afraid to file injury reports for fear of being the next one on the chopping block. By the time he realized this wasn't just a minor injury the plant was closed and there was no chance to file within the specified time frame.

He's talking to his lawyer.

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17 replies	Author	Time	Post
My son got injured at work. Fired. (Original post)	LiberalAndProud	Dec 2012	OP
Sorry about you situation....	physioex	Dec 2012	#1
I guess the employer's only "out" is if your son could have	TwilightGardener	Dec 2012	#2
In most states	rsdsharp	Dec 2012	#3
Ever tried to file a workers comp claim?	bunnies	Dec 2012	#5
Interesting viewpoint	rsdsharp	Dec 2012	#8
Please do...	bunnies	Dec 2012	#14
Did you make a claim?	rsdsharp	Dec 2012	#15
yes.	bunnies	Dec 2012	#17
Im going through a similar situation.	bunnies	Dec 2012	#4
Hope your son will be ok	Bluzmann57	Dec 2012	#6
That is the truth. This is why we need unions.	LiberalAndProud	Dec 2012	#9
Lawyer.	ellisonz	Dec 2012	#7
The task was SOP. It is the way the work is performed every day.	LiberalAndProud	Dec 2012	#10
With the full disclosure that I am not a lawyer...	ellisonz	Dec 2012	#11
The first conversation with the lawyer was interesting.	LiberalAndProud	Dec 2012	#12
Well if you believe in karma this business has some bad karma coming at them...	ellisonz	Dec 2012	#13
It is true that he should have reported it immediately	jonthebru	Dec 2012	#16

Response to LiberalAndProud (Original post)

Wed Dec 5, 2012, 02:56 PM

physioex (6,487 posts)

1. Sorry about you situation....

But you would think the same occurs to Republicans, and why they are not on the side of worker's rights....

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Response to LiberalAndProud (Original post)

Wed Dec 5, 2012, 03:00 PM

TwilightGardener (39,696 posts)

2. I guess the employer's only "out" is if your son could have

Last edited Wed Dec 5, 2012, 03:01 PM USA/ET - Edit history (1)

called a supervisor's home number, a headquarters number, or a work emergency number. But if they made him violate an OSHA rule, they should be much more accommodating than they have been--hopefully a lawyer will get this straightened out. Sorry for your son's situation.

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Response to LiberalAndProud (Original post)

Wed Dec 5, 2012, 03:01 PM

rsdsharp (549 posts)

3. In most states

this is required to be covered by worker's compensation. This would include not only the cost of medical expenses, but also lost wages, and disablity if any. Generally, if the employer doesn't have work comp insurance, they are to bear the price themselves.

If the company is firing people over work related injuries, that would be a violation of public policy, and even in an at will employment situation, would be grounds for a wrongful discharge suit.

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Response to rsdsharp (Reply #3)

Wed Dec 5, 2012, 03:11 PM

bunnies (10,026 posts)

5. Ever tried to file a workers comp claim?

It would be truly great if it worked that way. Truth is, insurance co's just deny people out of hand forcing them to hire a lawyer to "prove" their case. Weeks or even months go by of the injured not getting care & spending every dime they have just to stay above water. Meanwhile we have no access to the care we need. Big business wins, insurance companies win, hell... everybody wins but the injured worker.

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Response to bunnies (Reply #5)

Wed Dec 5, 2012, 03:17 PM

rsdsharp (549 posts)

8. Interesting viewpoint

I'll share that with my wife who works for a work comp administrator and spends her day (largely) approving claims.

And yes, i've had several work comp injuries over the years.

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Response to rsdsharp (Reply #8)

Wed Dec 5, 2012, 04:26 PM

bunnies (10,026 posts)

14. Please do...

its exactly whats happening to me right now. Claim denied without ever seeing a single medical record. How they can do that is beyond me.

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Response to bunnies (Reply #14)

Wed Dec 5, 2012, 05:06 PM

rsdsharp (549 posts)

15. Did you make a claim?

And if so, how do you know they didn't view the records?

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Response to rsdsharp (Reply #15)

Wed Dec 5, 2012, 06:03 PM

bunnies (10,026 posts)

17. yes.

& I know they didnt view the records because I hadnt sent in the release yet. I received the request for records release on a friday & on monday they called to tell me I was denied. The reason? "You cant prove you got injured at work". Really? Only about a half dozen people saw me in tears that day. No matter. Not to mention the insurance rep laughed at me when I started crying on the phone. Talk about insulting and humiliating.

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Response to LiberalAndProud (Original post)

Wed Dec 5, 2012, 03:06 PM

bunnies (10,026 posts)

4. Im going through a similar situation.

Hurt at work - Workers comp denied me without even so much as a diagnosis. Out of work for at least 3 weeks & my employer? Well they couldnt care less. I too have had to retain a lawyer. In the meantime, I sit here hurt and going broke. Frigging ridiculous.

Sorry about your son.

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Response to LiberalAndProud (Original post)

Wed Dec 5, 2012, 03:13 PM

Bluzmann57 (11,599 posts)

6. Hope your son will be ok

And this is why we need Unions.

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Response to Bluzmann57 (Reply #6)

Wed Dec 5, 2012, 03:17 PM

LiberalAndProud (9,921 posts)

9. That is the truth. This is why we need unions.

It would make all the difference in situations like this.

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Response to LiberalAndProud (Original post)

Wed Dec 5, 2012, 03:15 PM

ellisonz (26,326 posts)

7. Lawyer.

If he was directed to perform the task the employer is likely liable. Also, if he was unable to report his injury outside of normal work hours the employer may be liable.

Good luck to your family and I hope he recovers quickly!

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Response to ellisonz (Reply #7)

Wed Dec 5, 2012, 03:20 PM

LiberalAndProud (9,921 posts)

10. The task was SOP. It is the way the work is performed every day.

Last edited Wed Dec 5, 2012, 03:31 PM USA/ET - Edit history (2)

OSHA mandates hoists. The hoists don't exist. The company is aware they are violating OSHA standards for the work being performed.

On edit:
Thanks for the well wishes. My son's luck is usually of the bad luck variety. Out of work as Christmas approaches and his landlord has been foreclosed on, so my son is looking for a new home and now a new job. The phrase, "If it weren't for bad luck, I'd have no luck at all," keeps running through my head.

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Response to LiberalAndProud (Reply #10)

Wed Dec 5, 2012, 03:38 PM

ellisonz (26,326 posts)

11. With the full disclosure that I am not a lawyer...

...I would say he might as well request the lawyer go full bore at them. He may not get his job back and it could take a year or two to see a return, but I'm not sure he wants to go back into what is in all probability a hostile, dangerous work environment.

Just reminder, Christmas is a holiday and not a fact of life. Chin-up, both of you!

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Response to ellisonz (Reply #11)

Wed Dec 5, 2012, 03:47 PM

LiberalAndProud (9,921 posts)

12. The first conversation with the lawyer was interesting.

The lawyer advised my son to demand his job back, and to hang the threat of an OSHA report over their heads. My son did that. The company said, "We'll call you back." He's waiting for the call back and I'm waiting for his call back.

If it were left to me, Christmas would be just another day on the calendar. It's depressing not to be able to give your kids the best Christmas ever, ever. His kids will be fine. I'm fine. My husband and I looked at each other, shook our heads, and wondered aloud how this kind of run always happens to my son. It almost makes me believe in karma.

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Response to LiberalAndProud (Reply #12)

Wed Dec 5, 2012, 04:05 PM

ellisonz (26,326 posts)

13. Well if you believe in karma this business has some bad karma coming at them...

...the lawyer knows a lawsuit would be messy with no guaranteed return, he's exhausting all options. If they do give him his job back, it will be because they know they're liable and know that a lawsuit could put them out of business.

He has 30 days to file an OSHA complaint: https://www.osha.gov/as/opa/worker/complain.html

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Response to LiberalAndProud (Original post)

Wed Dec 5, 2012, 06:02 PM

jonthebru (989 posts)

16. It is true that he should have reported it immediately

But it is the law that gives him the Workman's Comp benefits, not "company policy."
A letter from his Lawyer should clear it up, they would be fools to not provide the medical care he needs.
Many times people are injured and don't realize how badly they are in need of medical help for a while.

It is false economy to treat employees so callously.

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