Work place bully

[Jeffroling]

On Feb 7th I fell in the freezer due to the chaos and extreme sense of urgency that was very strongly impressed upon me by my supervisors. The ensuing attempt to get my job done immediately caused me to fall on ice while carrying metal shelves. I was not immediately hurt but I did have a sore tailbone and was able to finish my regular shift.

The next morning I woke to find my back sore but I went to work because I had a delivery at 4:45am and calling out for the day was not an option. I came to work as scheduled and during the course of unloading the truck delivery my back was further aggravated and after I completed the task I informed the shift manager that my back was hurting and I wasn't going to further inflame it and was going to be out for the day.

Approximately 3 hours later when the store manager came to work she sent a message that I needed to come to work right away and do my job. Even though there was another employee on shift able to perform these tasks. I went to work and my manager informed me they would need to do an incident report since I couldn't work and I agreed that was fine even though I'm at work working and proceeded to tell her that I would be adding my own comments to the report as to cause of the fall the previous day. I started work on my tasks and About 15 minutes later the store manager came to me in a hostile and threatening mannor proceeding to tell me what's gonna happen and there gonna send me here and there. Medical treatment was not needed and I told her that I was allowed to call in sick a day if I wasn't feeling well. And she said "no I'm not". At that time she stated that" I could just talk to Ms Pat." whose well known in our company to use bullying and intimidation to keep people "in line". I felt at that time it was best for me to go back home and take the rest of the day off. And I told her goodbye. As I turned to leave the premises I heard what I thought was her say I was fired and I turned to ask her. "Am I fired? Am I fired?" and her response was that I needed to "talk to Ms pat before coming back".
At no time did I ever indicate I needed medical attention or would be seeking any. Threatening me with my job if I didn't see a doctor is to me a form of using threats to bully over another. No mention of an incident report in the 3 hours immediately following the fall which was witnessed by two store managers. It was only after I called out the last 6 hours of my shift did they mention a incident report as away to intimidate me.

 

[Zigner]

On Feb 7th I fell in the freezer due to the chaos and extreme sense of urgency that was very strongly impressed upon me by my supervisors. The ensuing attempt to get my job done immediately caused me to fall on ice while carrying metal shelves. I was not immediately hurt but I did have a sore tailbone and was able to finish my regular shift.

The next morning I woke to find my back sore but I went to work because I had a delivery at 4:45am and calling out for the day was not an option. I came to work as scheduled and during the course of unloading the truck delivery my back was further aggravated and after I completed the task I informed the shift manager that my back was hurting and I wasn't going to further inflame it and was going to be out for the day.

Approximately 3 hours later when the store manager came to work she sent a message that I needed to come to work right away and do my job. Even though there was another employee on shift able to perform these tasks. I went to work and my manager informed me they would need to do an incident report since I couldn't work and I agreed that was fine even though I'm at work working and proceeded to tell her that I would be adding my own comments to the report as to cause of the fall the previous day. I started work on my tasks and About 15 minutes later the store manager came to me in a hostile and threatening mannor proceeding to tell me what's gonna happen and there gonna send me here and there. Medical treatment was not needed and I told her that I was allowed to call in sick a day if I wasn't feeling well. And she said "no I'm not". At that time she stated that" I could just talk to Ms Pat." whose well known in our company to use bullying and intimidation to keep people "in line". I felt at that time it was best for me to go back home and take the rest of the day off. And I told her goodbye. As I turned to leave the premises I heard what I thought was her say I was fired and I turned to ask her. "Am I fired? Am I fired?" and her response was that I needed to "talk to Ms pat before coming back".
At no time did I ever indicate I needed medical attention or would be seeking any. Threatening me with my job if I didn't see a doctor is to me a form of using threats to bully over another. No mention of an incident report in the 3 hours immediately following the fall which was witnessed by two store managers. It was only after I called out the last 6 hours of my shift did they mention a incident report as away to intimidate me.

First: What US state did this occur in?
Second: Why did you act as you did toward your supervisor? It was, at best, insubordination, and, at worst, job abandonment.

 

[commentator]

Once again, WHAT STATE. It's very important.

You had an on the job "slip and fall." This should have resulted in the immediate filing of an accident report. Have you ever been told about these, or have you ever heard of anyone having to do this on the job at this workplace? Especially if you had some damage of any kind, you needed to make the employer aware of it immediately. You needed to have immediate attention, have let them send you to the doctor or clinic for x rays and treatment to determine if there was any injury. AT THAT TIME

That you were having discomfort from it the following day, and that you were injuring your back worse was a pretty big deal. Your manager should have reported the complaint/injury immediately at this point (which it sounds like he may have done) and your manager should've sent you for medical evaluation. When you say "they were going to send me here and there in a hostile tone" was that when they were going to send you to a physician? You yourself were going to make the evaluation that "medical treatment was not needed" and yet you were going to take a day of sick leave, even though you refused to allow them to evaluate your injury as is supposed to happen with worker's comp. I do not for the life of me understand why, when you fell and injured yourself on the job, you were threatened and intimidated by the company filing an accident report and the request that you seek medical evaluation. That's what they're supposed to do when someone has an accident on the job. That's how workers comp is supposed to work.

It sounds like "ms Pat" is the HR person, or someone in charge, and let's see, you were so scared by her bullying that you think you should what? Be able to walk off and have a lawsuit against the company because they want you to see "ms Pat"?

There are very few labor laws, not any of which prohibit your employer from making you feel bullied or mistreated if it is not for an EEOC protected reason. Bullying isn't illegal. It also sounds very much from here like your company is trying to get you to deal with this on the job injury properly and you are the one who is being obstructional about it.

It depends on the state, but you will either need to see their company selected doctor, or they will offer you a choice of two or three doctors, any of which you can see to get your injury evaluated. The minute you have reported it, and are set up for an evaluation, the worker's comp clock begins running, which means you are set to be off work as long as you need to be to properly treat your injury, you cannot be fired for having gotten the injury or for any retaliatory reason, and your medical costs for the treatment of the injury will be covered by the company's worker's comp insurance. This isn't a bad thing, where you try to hide the injury, talk aggressively to them, elect to miss work due to the injury without reporting it. There are certain specific ways you are supposed to handle it when an employee is injured on the job. This is good for both the employer AND the employee.

Worker's comp is the sole recourse for an on the job injury It works if both parties cooperate and work together. It is also limited as to the amount of money that can and will be paid for the injury. Rushing to get an attorney to "fight the company" isn't going to bring you in any more money, and it will not help your situation in regard to future employment, either.

 

[quincy]

... Worker's comp is the sole recourse for an on the job injury....

What I have quoted above is incorrect. Worker's compensation is often not the "sole recourse" for a workplace injury.

 

[commentator]

I will qualify, sometimes not the only remedy/recourse. But usually, in most cases, in most states, pretty much so. Since we don't know this person's state, we really can't say.

 

[quincy]

I will qualify, sometimes not the only remedy/recourse. But usually, in most cases, in most states, pretty much so. Since we don't know this person's state, we really can't say.

States do not limit an injured worker's legal recourse to worker's compensation. Civil actions are almost always available to the injured worker and there can be criminal actions. Facts matter.

I agree with you, though, that one of the most mportant facts is missing from this thread and that is the name of the state.

 

[cbg]

Neither civil nor criminal actions are available AGAINST THE EMPLOYER in a workers comp situation in any but the most rare of situations. Nothing in anything in the OP suggests that this is one of those rare situations.

On the occasions that additional actions are available to the employee over and above workers comp, it is almost always against a third party. I am failing to see any third party with any liability here.

 

[quincy]

Neither civil nor criminal actions are available AGAINST THE EMPLOYER in a workers comp situation in any but the most rare of situations. Nothing in anything in the OP suggests that this is one of those rare situations.

On the occasions that additional actions are available to the employee over and above workers comp, it is almost always against a third party. I am failing to see any third party with any liability here.

I disagree with the rarity. In fact, this issue was discussed in some length and depth in a previous thread not all that long ago.

My complaint in this thread is as it was in the previous thread. Worker's compensation is not the sole remedy available to injured workers so it should not be said that it is.

I will be happy to provide laws and case law when we learn the name of the state and if anyone wants to search for the other thread, it was in this section of the forum somewhere.

 

[commentator]

My priority on this post is to convince the OP that he needs to work with the employer, not set up some sort of adversarial situation in which does not cooperate with what they tell him to do, and he rushes out and engages in a fight with them. Because Worker's Comp is not an adversarial situation in which the employer is going to try to keep the employee from receiving "what he deserves for what he's gone through" as the tv lawyer ads would indicate.

It is the first and primary resource for dealing with an on the job injury. The hows and how much's are set up very definitely in each state. From the sound of this, a slip and fall that caused pain to the lower back, this person could be in a world of hurt and needs to get this reported, recorded and treated immediately according to protocol. This will protect his job and his health and enable him to get all the benefit from Worker's comp that he is able to get in whatever state he is in.

 

[nlyten]

My priority on this post is to convince the OP that he needs to work with the employer, not set up some sort of adversarial situation in which does not cooperate with what they tell him to do, and he rushes out and engages in a fight with them. Because Worker's Comp is not an adversarial situation in which the employer is going to try to keep the employee from receiving "what he deserves for what he's gone through" as the tv lawyer ads would indicate.

It is the first and primary resource for dealing with an on the job injury. The hows and how much's are set up very definitely in each state. From the sound of this, a slip and fall that caused pain to the lower back, this person could be in a world of hurt and needs to get this reported, recorded and treated immediately according to protocol. This will protect his job and his health and enable him to get all the benefit from Worker's comp that he is able to get in whatever state he is in.

Agreed. A good business protocol for handling potentially serious work-related injuries should include recording/reporting the incident and seeing a physician to determine the extent of the injury. Even if the company is less than pleasant during this process, it's still important to both the company and the employee. Identifying the extent of the injury, necessary treatment, and implementing any physical restrictions will improve/expedite the healing process, reduce potential time loss, and help maintain communication during the entire process.