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  1. #1
    Join Date
    Jul 2007

    Got Injured at work, boss is being difficult!

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

    Feb 12 I was at work and around 11:20 am i was putting away some food and i turned the wrong way and i hurt my back. I couldn't move for a min or to cuz it was very painful, then it settled down and i told my boss around 11:25 but right after it happened. She told me to do some stretches and take some Iburpoen and i should be fine. The rest of the day i could barely move my arm up, or move in certain directions. The next day when i got up I couldn't get out of bed my back hurt so bad, it took me about 30 mins to get out of bed i called my manager and told her i cant come in my back is killing me i couldn't walk, sit, or much move. She told me she dont care and wants me to be in at 11:00 which is when my shift started. I told her what was going on, I finally was able to get out of bed, took a hot shower (painfully) and was able to walk again but was still in pain. Sat it was the same thing after sitting for a bit or moving around it was very painful to get back up again, at work i couldn't function properly and she kept making me do more and more work, not letting me get a break for a moment to rest my back. Sat my back was feeling better but still was in pain, but workable, Sunday was my day off and still in pain, Monday i called and told her i have to go in, she told me that i dont need that, and to be at work, i told her that im not going to and i made a doctors appointment for Tuesday at 2:30pm in which she told me she didn't know i could make the appointment cuz i have to work. Tuesday came around and she brought me to my appointment and the doctor gave me some medication and gave me restrictions (she did file a accident report) and Works comp. Anyways the doctor gave me the following restrictions from 2/17 tell my next appointment on 2/19 in which they will follow up

    Return to work on 2/17 with the following restictions
    no lifting over 10lbs
    No bending greater then 4 times per hour
    No pushing and /or pulling over 10lbs of force
    Should be sitting 75% of the time

    I called my boss after the appointment and explained to her the restrictions and told her i have the papers. She bluntly told me that they can't accommodate this and i have to work. She told me i wont be sitting while im at work excpt my 15 min break i get. I didn't work on weds because of this appointment.

    2/18 I went to my physical therapy as the doctor told me to do and called her and told her that i have another appointment at 11:30 then the other appointment to talk to the doctor at 12:00 its the same building so. She told me that i have to be at work at 11:00 and i dont need physical therapy and im being a pussy and doing this to be a ass. I asked her if she was a doctor and she said no, then i told her then dont be telling me what i need and dont need. She has been very difficult about this since it happened. Her main concern has been me being there working at fast pace, on one shift after this happend i was hurting really bad and was working slow, she told me that i need to work faster if im gonna be working here, i reminded her that im in pain. I contacted the owner and from the looks of it they are going to accommodate what may be needed but im worried when i get back to work they wont. I dont make much money, i dont like having issues were i have to seek legal advice, but this lady has been very inconsiderate, harsh and very rude for me and my will being. I have more appointments that i have to attend to and im not going to work around her time, explly if i have to take a bus and walk to were its located. I am also worried about losing my job, or them finding a way to fire me. I just moved into a new place, i can't afford this type of drama. but im not gonna let someone walk over me and act like they are in a position to give advice in which they dont know of.

    any advice would be greatly helpful thanks alot. if you have any questions please feel free o email me. thanks Michael

    Last edited by michaelj1981; 02-19-2009 at 02:41 AM.
  2. #2
    advice based on personal experience with a severe back injury:
    one: document EVERYTHING, most imporantly: medical records
    two: deal directly with your companies' work comp. insurance company, dont let your boss be the middle man.
    three: until your claim is acknowledged, be filing for state disability as a backup. The insurance company has a law-specific timeframe for getting you treatment, however, that does not mean it always happens (it took me almost two years)
    three: DO NOT THREATEN YOUR BOSS WITH A LAWSUIT OR LEAVING JOB, that just gives them ammunication to use against you.
    five: on your personal time do not do anything that your doctor says your not to do, even if you think that you can handle it "one time" or you feel better that day.....the insurance companies have people investagating and watching.
    six: need to get a lawyer or do the work yourself if you have the time to research work comp law (that is what i did)

  3. #3
    oh, sorry, one other very important thing: show up for work, LET IT BE YOUR BOSS THAT SENDS YOU HOME, (if you can, figure out a way to get proof that your boss sent you home) dont just decide not to show up, i promise you that will work against you! **************....not only will it show that your following doctor orders, but if you are sent home by your boss, you might qualify for unemployment insurance, important if state disability wont allow you benefits and it takes a while for your worker comp claim to be accepted.

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