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Employee's Rights and Legal Remedies

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dcomab

Guest
What is the name of your state? Georgia

When I was hired to work as a punch-out person for a large construction development company, I was offered $150 bonus for each house once it closed. This was above and beyond my salary. I have been receiving only $50 to $100 and sometimes nothing upon a house closing. About 3 months ago I was injured on the job and was told that if I did not continue to work while injured, my job would be seriously jeopardized and I was not to report the injury for workman's comp. I continued to work with my injury. Recently, I was injured again (received a hernia). I advised my supervisor that I needed to seek medical attention due to pain. I was threatened that if I sought medical attention, my job would be in serious jeopardy. Due to the amount of pain, I did seek medical attention but returned to work and advised my supervisor that I was instructed not to do any heavy lifting and that I would need surgery. Three days later I was threatened again, both verbally and physically, and was discharged. What are my rights? Do I file for workman's comp.? What actions can I take against my "former" employer? Please help!
 


cbg

I'm a Northern Girl
If you were injured on the job, and your employer refuses to report it to the workers comp carrier, you should do it yourself. You should also immediately speak to a workers comp attorney. While I can't be absolutely certain because of the way you have worded what happened (and I appreciate that you were trying to be accurate about what happened) I suspect that you have a public policy violation here. It is illegal to fire someone for firing a workers comp claim and while I haven't had employees in Georgia for two years, and have never had to file a workers comp claim in that state, from your description I'll be surprised if there are not more violations as well.
 

Beth3

Senior Member
I think it's fair to assume that all 50 States' worker's comp regs prohibit retalliation for making (or trying to make) a worker's comp claim.

dcomab, you can either speak to a worker's comp attorney or go directly to your State's Worker's Comp division and (a) file your own worker's claim with your employer/their WC carrier and (b) file a complaint of wrongful discharge .

Good luck.
 
D

dcomab

Guest
I would like to thank you for responding to my request.

Questions: Do I file a complaint of wrongful discharge with the State's Worker's Comp division or do I need to seek a labor attorney? Also, as I was promised bonuses at the time I was hired and was not receiving bonuses as advised that I would, does this issue need to be pursued through different legal channels? Can I receive any recourse for my prior injury that I suffered and was forced to continue to work or, as that occurred several months ago, have I waived any recourse? Note: I have medical bills from that injury that I am being forced to pay for out of pocket as my medical insurance only paid part of it and I was told by my "former" employer to not file a worker's comp. claim, which I understand, pays for 100% of costs incurred when an injury is job related.
 

Beth3

Senior Member
d, I suggest you call your State's Worker's Comp division. You may very likely bring claim for your injuries, all your medical expenses, and your retalliatory discharge. Whether or not you can lump your unpaid bonuses into your claim depends upon the terms of the employer's bonus plan and whether you can demonstrate the reason you were denied the compensation was part of the retalliation.

You may have one complication to deal with, which is that in order for the health insurance plan to pay for your work injuries, somewhere along the line you told the doctor's office or the health carrier that these were NOT work related. Otherwise, they never would have paid as the vast majority of medical insurance plans exclude work related injuries (as the WC carrier is liable for those.)

I suggest you contact your State's WC division, determine the extent of the assistance they can provide and how aggressively they will pursue it, and then determine whether you want to retain an attorney. Or Plan B would be to talk to a WC attorney (many will do an initial consult free of charge) and then make your plan. Good luck.
 
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dcomab

Guest
Beth3 - Thank you for your quick response. I will look into your suggestions. As for my prior injury, I was strongly told "not" to make any claim to workers' comp. by my former employer, that I was to have the regular insurance company handle it. It was never mentioned to the emergency room medical personnel that the injury was not work related. (NOTE: My supervisor took me to the emergency room at that time - again, I was told to not report it to WC.)

dcomab
 

Beth3

Senior Member
I understand you were told not to claim this as W.C. and you need to tell the State and/or your attorney that. But I would expect that when you received treatement one of the medical professionals (the doctor, a nurse) asked you how the injury occurred. So either you made up a story or, at the very least, you never said it happened in the course of work. That doesn't mean you won't prevail in your claim - it simply adds a complication that needs to be dealt with.

Good luck.
 

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