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Fired for Insubordination?

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gtiguy_113

Junior Member
Hi, I live in Wisconsin. Last Saturday (October 23rd) I was injured on the job. I twisted my back. I notified my supervisor, who didn't seem concerned about it, took some Ibuprofen and kept on working. After my shift I went home and things seemed ok, but by Sunday afternoon I was cringing at the thought of even sitting down because my back hurt so much.
By Monday I had my daughter helping me out of bed. I took her to school in the morning and got on the path to see my doctor immediately, called my boss and told him that I was going in to the doctor. Moments after I hung up, the safety director from work called my cell phone and told me that I'd have to go see the companies doctor and that I'd have to drive all the way back to work to fill out paperwork before I go. Now I'm sick with pain, mind you, so I tell him that I'm closer to the company chosen doctor (within a city block) and asked if he could just meet me there for all practicality. Of course he gave me a hard time about that, but finally said "ok I'll meet you there".
So I go to see this doctor, and of course the first thing they want is a drug screening. I don't have a problem with that so I give them a sample. Next they put me in a patient room and the nurse takes note of my incident. Shortly after that the doctor comes in and asks me a few questions about my pain, pushes and pulls on my legs and then diagnoses me with a "Sprained Lumbar" and starts to set me up with physical therapy for two days later. At this point, I'm dumbfounded as to why there weren't any x-rays or anything taken since, to me, an injured back is a pretty serious thing.
All this took a total of 45 minutes, with about 10 of it being in with the Doc. As I'm sitting there in pain, waiting to be released, I'm overwhelmed with this feeling that I haven't been treated at all. I felt I had been put into the "liability vise" and nothing more. I expressed my concerns with the Safety Director and said I would like to go see a chiropractor and have X-rays done before they start wrenching on my back in PT. He told me that I couldn't do that???
A couple days passed and my mobility was getting less and less. Wednesday came along and I just couldn't get myself to go to the scheduled PT appointment, so I canceled and made an appointment with my Chiropracter for Thursday. I told the SD at work of my plans to return to PT after I get X-rayed. I went to the Chiro. and got X-rays done and Viola! my pelvis was visibly shifted to the left by a long shot, and my lower spine had an obscure looking bend in it. So she adjusted my back ONE TIME...and I walked out of there feeling really really good for the first time in 5 days.
I went to work after that (I was working every day on light duty, also) and I was called in into the human resources office where three managers were poised to fire me. The HR Director shut her door and began to literally yell at me, saying she was "not happy with " me and that she could "fire me for insubordination" for canceling the PT appointment and going to a Chiropractor. She told me I was out of line. Informed her that I had a neck injury once (whiplash) that lasted 4 years through PT and prescriptions, until I saw a chiropractor and it was gone in 1 week. She responded by saying that if I "knew so much about back injuries", then I shouldn't have done whatever I did on Saturday. Huh?? I don't claim to know anything about back injuries, but I DO know my body more than anyone...
To sum this all up, I was told that I would be fired for insubordination if I didn't go back to the follow up appointment at their doctor. I did cancel the appointment there, but I did it with the intention of rescheduling after X-rays, and the SD knew that.
I looked up Injured worker's rights and in it, it states
An injured worker has the right to a first and second choice of doctors liscensed to practice and practicing in this state
. If I'm wrong, then what does that mean? Are there any legal issues here that should be addressed to my workplace? Or me, for that matter?

Thank you.
 
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justalayman

Senior Member
To sum this all up, I was told that I would be fired for insubordination if I didn't go back to the follow up appointment at their doctor.
so, make this easy and go back to that doc for a follow up or have you already been fired because you refused to go to that doc for a follow up?

Examination By Employer's Doctor

On written request, an employee should submit promptly to a reasonable examination by any doctor (physician, chiropractor, psychologist, dentist, physician assistant, advanced practice nurse prescriber or podiatrist) named by the employer or insurance company. The written request must notify the employee of the date, time and place of examination and give the examining doctor's name and area of specialization. The request must also advise the employee of the procedure for changing the date, time and place of the examination. It must also advise of the employee’s right to have a doctor of his or her own choice present at the examination, and of the employee’s right to receive a copy of the doctor's report immediately upon receipt by the employer or insurance carrier. The employee may also have a translator present if help is needed speaking or understanding English.

Refusal Of Treatment

No compensation is payable for the death or disability of an employee if the death was caused by, or the disability aggravated by, an unreasonable refusal or neglect to submit to or follow reasonable medical or surgical treatment. However, an employee may refuse surgery which might endanger life or limb.
were you being paid for the time to go to the doctor they directed you to?
 

gtiguy_113

Junior Member
No I wasn't being paid to go to the doctor. I was seeing their doctor on my own time, but today, I agreed to go back for the follow up during my shift. I didn't get fired.
Just to reiterate, I informed the Safety Director of my intentions to go back to the company appointed doctor. He let me go to my Chiropractor, only to come back to work and be threatened with my job?? He actually told me that he wanted to see whatever she came up with so I brought him back a slip.
 
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justalayman

Senior Member
It appears they do not understand the laws but rather than butt heads, if it is easier to simply do what is asked, sometimes that is the best route.

I can understand an employer wanting a specific doctor to check an injury though. There are many cases of WC fraud and there is a great amount of liability, both now and in the future because of on the job injuries so I would want to know as much as I can, from people I trust, as well.
 

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