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Injury at work and boss don't want to register by the Workers Compensation fund

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Caroline-Anne

New member
To who it may concern

I need urgently legal advice

UPDATE REGARDING MY SUTIATION :My boss just send me thru email 3 written warnings because IAM not at work but she said on a voice note my light duty is not sufficient for her and she can't sit with this . And I received an Email Friday stating that I must be at a work hearing on Tuesday 2 Oct .

My question:Can I refuse to go as I know it won't be fair the hearing as there is no one in the company that will be on my side and that is not fair as well and I am on crutches as I can't walk with out it ..And if the hearing is going to be held at my work place there is Stones that can make me fall aswell and I need my boyfriend to take off work to get to the hearing and I only got the notice Friday night and he first must ask hiss boss if he can get off...



I am working for a small business for over 6 years i had an injury at work on the 8 AUG (Was not my fault ).I fell very hard on stones with both of my knees,So hard that it took my breath away.I was bruised and very sore but still went to work on Friday . Whole weekend i was resting my legs with icepacks on it .That Sunday night i let my boss know that iam going to stay at home as i can not walk due to the injury.I even send her pictures of my legs and she didn't respond. Tuesday (14 Aug )I went to work and immediately I was told i could've come to work and sit on a chair (but i am on my feet the whole day so that would have been inpossible.
I was in so much pain that Tuesday that i cried but still did i try to tough it out ,But at lunch time i couldn't anymore and asked her if i can go to a doctor as iam really in pain ...She told me "It is just bruises and it will heal and she works when she has pain and maybe she is more driven and more hard working than me"So i went to the doctor Wednesday (15 Aug)as that was the only doctor i could've gone to as my boss only gave me R300 cash to go to doctor and the doctor bill was R360.(The doctor was not impressed as i needed to come earlier )

So the doctor booked me off from the 15th-21 Aug and said i need to get a X-Ray ASAP of my one leg as she think i fractured my patella. So i whatsupp my boss and send her the Doctors Letter and told her i need to get xrays and it will cost R850 and does she have compensation fund and she just ignored me .Next day a whatsupp her again to ask and eventually she said NO she doesn't have such insurance and She Doesn't need to have it as she only employee's 2 people and i must go to a state hospital (Problem is you pay at a Government hospital unless you are unemployed ).
Well i went to the nearest Government hospital in my area for the X-Ray and it cost me R350. That Monday (20 Aug) I went back to the doctor to get my X-ray
results and it showed nothing broken but she refered me to a specialist and i must get a MRI aswell as Phisio Doctor Suspects i could have tear my ligaments in both knees but cant say forsure .. Booked off again from the 22 -6 Sep) and must wear a strap on knee braces on both legs .And cant walk probably or stand without holding on to something.
My boss told me when i Told her i think its unfair for me to pay the medical cost as it happend at work and she said "she didn't say she is not going to help me but where does it end" I send her all the medical documents as well as all the receipts and i kept her in the loop the whole time aswell as I did some admin work for her while i was booked off as she said there is nothing wrong with my head or finger so i can still do admin work . Well when i asked her if she is still going to refund me the medical cost ,Her reply "I Paid the doctor and thats how far we will go and i did not go to her doctor when she offered (But Her doctor is very expensive and i told her i have a lift to go to a doctor in my area as it is easier for me if i need to go back and she couldn't leave the other employee alone so that means when will she be able to take me as i was in alot of Pain ).Went back to the doctor on the 4 Sep to get more pain pills and was booked off again from 6sep - 13 Sep .
I received a letter via Email from my boss on the 12 Sep where she stated about my sick leave is almost finished as well as stating she does not believe my doctor and that my doctor and me are lying about my injuries and then she will go on about what bad worker is was ECT but please note in the 6years I never ever got a warning..I decided best way for me forward is to go to the labour department,went there and the consultant phoned her and explained the process and send her email and forms she must complete so that she can register me to the compensation fund so that I can get the help I urgently need as I am constantly in pain ..Went to my doctor with the W.L.C letter and I told her as soon as my boss register she can fill it in ..After examing me and after my doctor showed me an email from A Orthopedic surgeon that advise I must rest for a month and if I come back she can refer me again...She did that now and now IAM waiting for a appointment with the specialist but my boss still doesn't want to believe me or my documents or my doctor.
My doctor stated to my boss I can only come back if she can provide me with light duty (I can only sit )May not walk,Bend, Pickup nothing .Did not hear a word from my boss until yesterday when she asked me if I am coming in ,I told her what my doctor said for the 2nd time and ask if she has light duty for me and how far is the proses regarding the registration at the labour departement and her reply quite rudely was Unfortunately that light duty is not sufficient for her and I must put my resignation in and if I don't report for work today she will take it as "Dros" ..and she is not going to register as she now allegedly only have 1 empoylee as my colleague whose fault it was that I fell and that I got bitten by a dog is sudely now not permanent.
I have all the documents, emails everything that I can send .

I am 27 years old and really need medical assistance as IAM now on pain meds , Sleeping pills as i am not sleeping because of the constant pain and stress trying to convince my boss that IAM telling the truth is so mentally draining .I already paid over a R1000 for my medical costs out of my own pocket as my boss is totally refusing to pay for anything or trying to make my recovery easier on my .



Your help would be greatly appreciated as this is my third job in my life and i dont know my rights as an employee and iam sick & tired of being bullied.

Thanking you in advance

Caroline West--
 


not2cleverRed

Obvious Observer
Judging by the "R" in your descriptions of currency, it appears that you are not in the US. Laws and procedures differ by country, so we really cannot offer legal advice with any confidence.

Personal advice: go to the hearing. If you don't go to the hearing, then you will appear to be the lazy worker that your boss says you are. Showing up at work on crutches, obviously unable to walk independently, rather sends the message that you are willing to work, but are limited in what you can do. People are more likely to be sympathetic. But this advice comes from my cultural perspective (US), and cultural norms, like laws, differ from place to place.
 

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