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fired for not going to hospital on my day off?

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raptorx30

Junior Member
What is the name of your state? California.

All right on 5/12 I was working my job unloading a truck when a box fell on my shoulder and hurt it a little. It felt fine to me so I kept working and went home. I was supposed to fill out an accident report about it but I didn't know at the time, it was my first week there. Since I am new I am unscheduled and came back to discuss my schedule, I talked to my dept. manager and we agreed I would get the current day and next day day off, I also mentioned my shoulder and he said to go file an accident report, that it would take 5 minutes and I would be done with it.

So I head back into the manager's office to fill out an accident report for my shoulder, she then hands me an accident report form and a workers comp form. I fill out the paperwork and attempt to leave when she stops me and says I need to go to the hospital, I asked when, and she said "right now, a manager has to drive you there". Naturally, being my day off, I said: "No, I can't today, I am busy and a friend is with me" she then told me if I do not go right then I can lose my job, I asked her to clarify if I CAN lose my job or I WILL lose my job, she repeats "can". She disappears for what is about half an hour, tells me I'm fired and sends me on my way to return later for final pay.

I returned later to get the money, and she had me sign an exit interview paper saying she fired me for "refusing treatment".

My shoulder was, is, and never was, hurt.

IMPORTANT: Before I got fired I called my doctor and asked if I should take any care on my shoulder, the woman on the phone stated since it was work related she couldn't help me, I said OK and hung up. During my firing, I mentioned the call, and only then did she say something about me seeking "professional advice" being the reason she had to send me to the hospital. I told her I never received the advice, and that I felt fine and no longer wanted the advice, which was all true. But she still fired me.
 


moburkes

Senior Member
It's the weekend. Have a little patience.
Haha! You could have helped. It wasn't wrongful, BUT, its skirting the law with WC. OP, you'd have been better off going to the hospital. However, your post is a little confusing. You said that the manager gave you the current day off, and the next day. That sounds as if you were let off early in order to go to the doctor. But, then, you say that you had plans with your friends. So, were you supposed to work that day or not?
 

raptorx30

Junior Member
Haha! You could have helped. It wasn't wrongful, BUT, its skirting the law with WC. OP, you'd have been better off going to the hospital. However, your post is a little confusing. You said that the manager gave you the current day off, and the next day. That sounds as if you were let off early in order to go to the doctor. But, then, you say that you had plans with your friends. So, were you supposed to work that day or not?
I work a night shift, so I came in long before the shift would have started if I didnt get the day off.

The whole thing seemed kind of weird, maybe it's different with WC or something but I didn't know they could demand my time on my day off, especially to just take me to a hospital to waste my day off. I wasn't even clocked in.
 

cbg

I'm a Northern Girl
California workers comp? That's one I ain't touching. There are better people than I to answer that.
 

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