Retaliation against my work injury?

[ev5000]

What is the name of your state (only U.S. law)? Virginia

I injured my back, and im still awaiting for an MRI to see what the real problem is because the X-ray didn't find anything. Anyway, my company is notorious for not paying my missing wages. Out of all the paychecks I get everyweek, there was only one instance where my check was corrected because I worked with another senior co worker who has been in the company for 10+ years and he requested his paycheck to be corrected. Ive been in light duty ever since the injury and I am working less hours. I finally had the chance and time to file a complaint to the wage/hour division. They haven't contacted me yet, but my employer's actions has lead me to believe that an investigation is going on. My supervisor (not my manager), has been making up new rules, creating hell, and making work hard for me. A couple of days ago, he contacted me and expressed his anger. He said things like "chinese people think they are so smart" - I am not Chinese by the way, "You think your going to be promoted next year? ha! not under my watch", "Your not willing to work but you are trying to find other ways to make easy money, you are trying to find ways to sue us", "I know for a fact that your office is going to be the cleanest because I know there will be one dedicated cripple who will do the janitor's job". ---- I was SHOCKED by the things that he said. I couldn't even have a professional conversation with this man, because he was just throwing out words and blatant statements, and trying to put words in my mouth. This all happened right after I filed for a workers comp.

My back pain now is worse than ever, I can't sit or stand for a long time, and I have to stop what im doing and stretch for a while. My supervisor who runs another office out of state, has been keeping an eye on me. He is always asking my manager what im doing, and is keeping track of every little thing I do. I feel as if he is trying to get me to quit, or is just trying to punish me. I mean what am I doing wrong? Im just a 20 year old young man trying to make an honest living.

 

[Ladyback1]

What is the name of your state (only U.S. law)? Virginia

I injured my back, and im still awaiting for an MRI to see what the real problem is because the X-ray didn't find anything. Anyway, my company is notorious for not paying my missing wages. Out of all the paychecks I get everyweek, there was only one instance where my check was corrected because I worked with another senior co worker who has been in the company for 10+ years and he requested his paycheck to be corrected. Ive been in light duty ever since the injury and I am working less hours. I finally had the chance and time to file a complaint to the wage/hour division. They haven't contacted me yet, but my employer's actions has lead me to believe that an investigation is going on. My supervisor (not my manager), has been making up new rules, creating hell, and making work hard for me. A couple of days ago, he contacted me and expressed his anger. He said things like "chinese people think they are so smart" - I am not Chinese by the way, "You think your going to be promoted next year? ha! not under my watch", "Your not willing to work but you are trying to find other ways to make easy money, you are trying to find ways to sue us", "I know for a fact that your office is going to be the cleanest because I know there will be one dedicated cripple who will do the janitor's job". ---- I was SHOCKED by the things that he said. I couldn't even have a professional conversation with this man, because he was just throwing out words and blatant statements, and trying to put words in my mouth. This all happened right after I filed for a workers comp.

My back pain now is worse than ever, I can't sit or stand for a long time, and I have to stop what im doing and stretch for a while. My supervisor who runs another office out of state, has been keeping an eye on me. He is always asking my manager what im doing, and is keeping track of every little thing I do. I feel as if he is trying to get me to quit, or is just trying to punish me. I mean what am I doing wrong? Im just a 20 year old young man trying to make an honest living.

If you've filed a work comp claim, and it's been accepted: 1) if you are working less hours than customary, you should be getting 2 separate checks: 1 for the hours you work, and one from the INSURANCE/Third Party Administrator who handles the work comp claims. Income from temporary partial disability (working a modified schedule due to work comp injury) is non-taxable.

How did you injure yourself?

 

[ev5000]

If you've filed a work comp claim, and it's been accepted: 1) if you are working less hours than customary, you should be getting 2 separate checks: 1 for the hours you work, and one from the INSURANCE/Third Party Administrator who handles the work comp claims. Income from temporary partial disability (working a modified schedule due to work comp injury) is non-taxable.

How did you injure yourself?

I was lifting a heavy box, and thats when I felt a stinging pain in my lower back. It felt like someone was pushing really hard against your lower back, and it made me want to naturally curl forward. I still get this feeling everytime I wakeup in the morning, i seriously have no motivation to go to work because of it, and because of my employer's attitude towards me. The claim has been accepted of course, they paid for the x-ray and stuff. What are the legal actions I can take?

 

[Ladyback1]

I was lifting a heavy box, and thats when I felt a stinging pain in my lower back. It felt like someone was pushing really hard against your lower back, and it made me want to naturally curl forward. I still get this feeling everytime I wakeup in the morning, i seriously have no motivation to go to work because of it, and because of my employer's attitude towards me. The claim has been accepted of course, they paid for the x-ray and stuff. What are the legal actions I can take?

Get an attorney. No seriously, get an attorney that specializes in work comp. Quite a few work comp attorneys will work on a contingency basis.

(and unless you have a letter or documentation indicating that the claim is accepted, you should not assume it is accepted because they paid a few bills...some states have codes/rules that allow for payment of medical bills, without acceptance of a claim, while the claim is being investigated).

 

[ev5000]

Get an attorney. No seriously, get an attorney that specializes in work comp. Quite a few work comp attorneys will work on a contingency basis.

(and unless you have a letter or documentation indicating that the claim is accepted, you should not assume it is accepted because they paid a few bills...some states have codes/rules that allow for payment of medical bills, without acceptance of a claim, while the claim is being investigated).

I am in the process of finding one. Is it also possible to file a race discrimination against my employer? He said "Chinese people think they are so smart", and im not even Chinese.

 

[cbg]

A single statement is not sufficient, in most cases and in this case, to sustain a claim of racial discrimination.

 

[commentator]

Talk to your attorney. In most cases, I don't think they're needed in worker's comp claims, but it sounds like you have a truly absolutely non professional employer and something going on that an attorney may be really interested in.

When you talk with this attorney, make sure you have written down and preserved your memory of exactly what your supervisor said you to. Figure up and put down the date, the time and approximately everything you can remember that was said in this discussion. Were there any witnesses?

We cannot tell you what you'll have. It sounds like much more of a worker's comp retaliation situation than an EEOC issue, but let your attorney guide you.

As for your payment issues, I am confused, but if you've already reported them to wage and hour, they very well may be doing an investigation. Let them handle it.

 

[ev5000]

Talk to your attorney. In most cases, I don't think they're needed in worker's comp claims, but it sounds like you have a truly absolutely non professional employer and something going on that an attorney may be really interested in.

When you talk with this attorney, make sure you have written down and preserved your memory of exactly what your supervisor said you to. Figure up and put down the date, the time and approximately everything you can remember that was said in this discussion. Were there any witnesses?

We cannot tell you what you'll have. It sounds like much more of a worker's comp retaliation situation than an EEOC issue, but let your attorney guide you.

As for your payment issues, I am confused, but if you've already reported them to wage and hour, they very well may be doing an investigation. Let them handle it.

My co workers were around but they couldn't hear what he was actually saying. And from my supervisor's background noise, I could tell he put it on speaker phone. I think he was trying to write things down so that he could use it against me, but I did not play his game, I think he threw something because I heard a sound hit the wall.

 

[Nellibelle]

If you've filed a work comp claim, and it's been accepted: 1) if you are working less hours than customary, you should be getting 2 separate checks: 1 for the hours you work, and one from the INSURANCE/Third Party Administrator who handles the work comp claims. Income from temporary partial disability (working a modified schedule due to work comp injury) is non-taxable.

How did you injure yourself?

If the OP is working less hours but making as much or more than the 2/3rds disability worker's comp. pays, there will be no 2nd check from the IC.

 

[Ladyback1]

If the OP is working less hours but making as much or more than the 2/3rds disability worker's comp. pays, there will be no 2nd check from the IC.

When a person is injured, the claims handler/examiner calculates an average weekly wage (as indicated by Virginia cod 65.2-500). A person is eligible for temporary partial disability based on the difference between the AWW and actual earnings. And in Virginia, an injured worker is eligible for 66 2/3 of the AWW, not to exceed 100% of the AWW.

I rarely saw anyone make more than their AWW when working less hours. The exception was old claims that suffered an exacerbation or required 2nd surgery or modalities that required a modified work schedule.

I sincerely doubt that a 20 y/o is making more NOW, than he was when he was injured.
(you really, really, don't do any research do you??)