Job Injury

[Melissa Fisher]

What is the name of your state? Louisiana

I have a friend who was injured on the job. She fell and injured her back. The company she works for made her take a drug test, sent her a clinic for an examination and diagnoised her with a lubar sprain. She had two back treatments, was discharged and sent back to work on limited duty. She only worked one day and is out again because her back is stiff and still hurting. She called off from work and was told that she had to see her own doctor at her expense and could not return until she finds out what's wrong with her.

She was also told that she had to be out for six weeks before she's paid any compensation. On her first day back to work she was written up for punching in four minutes before her scheduled time to work which is 3pm, and for punching out one minute before she was scheuled to get off which is 11pm. Does this sound like harrassment because you were injured or what ?

What can she do to remedy this situation. Her recovery care should be this companies responsibility not her's.

 

[Beth3]

"She called off from work and was told that she had to see her own doctor at her expense and could not return until she finds out what's wrong with her." The employer is liable for all medical bills stemming from an occupational illness/injury. When your friend sees her doctor, she should inform them that this is a work injury and the bills should be sent to the employer or their WC carrier.

"She was also told that she had to be out for six weeks before she's paid any compensation." That's ludicrous. Each State's WC regulations are unique but most have a waiting period before indemnity benefits (payment of lost wages) begin (i.e. the number of days an individual must be off work - medically disabled - before compensation for lost wages begins.) It typically varies from three days to seven days. No State has a six week waiting period.

"On her first day back to work she was written up for punching in four minutes before her scheduled time to work which is 3pm, and for punching out one minute before she was scheuled to get off which is 11pm. Does this sound like harrassment because you were injured or what ?" It does seem pretty picayune but whether it's retalliation depends on how they've treated non-work injured employees who have done the same or similar. It's not uncommon that an employee deciding to punch out before the end of their shift and calling it a day without authorization will receive disciplinary action, although disciplining an employee for a single instance of punching out one minute early does seem rather severe (we don't know if your friend has made a habit of this though.)

"What can she do to remedy this situation." If the employer or their WC carrier is refusing to pay her the benefits required by her State's WC regulations and/or she is being retalliated against for making a WC claim, she may contact her State's Worker's Compensation Division and file a complaint. She may also wish to speak to a WC attorney.