workplace refused medical assistance

[mommabear319]

What is the name of your state? Florida

Before leaving for work, I had a coughing spell. It felt like I pulled a muscle. I rode my bicycle to work. I noticed some shortness of breath while biking. When I got there, I went to get some water. As I took of my backpack, I felt something give way. The backpack dropped and I could not pick it up. My supervisor was walking past and I told him I did not think I could work. He said I would have to speak to the manager. I spoke to the manager saying I felt sick and was not going to be able to perform my duties but I came in because I did not think I had any sick days. Manager says "and you didn't give enough notice". Manager tells me to wait outside the office. After about 20 minutes, the manager returns and asks what is going on. I told the manager I was experiencing intense pain and that I felt like I needed to go to the hospital. Manager replies "you are concerning me" and "I am concerned because you don't have any sick days remaining. I am going to contact HR regarding your attendance". I even had a pain attack in front of her and she walked away saying we were short handed and I could not leave. Another employee arrived (late) and the manager told him to go home because he was late (if they were so short handed why were they sending him home?). This employee gave me a ride home. I tried laying down for awhile but could not get comfortable. I went to the emergency room where they told me that my lung had completely collapsed (pneumothorax). A chest tube was inserted and I was admitted to the ICU. Two days later, a pneumothorax and 30 % collapse was found in my other lung. A second tube was inserted on the other side. After a few weeks, I ended up having surgery on one of my lungs. I am very upset that my situation was not taken seriously and request for medical assistance was refused. The manager made me feel like I would lose my job for leaving. The doctor said I was very lucky that my one lung was able to compensate for the one that had collapsed. Was there an obligation on the manager's part to take my situation seriously and call for medical assistance when I asked for it?

 

[cbg]

Not a legal obligation, no. I'm very sorry that you work for a bunch of jerks but they didn't violate any laws. The HR manager in me is shaking my head at how badly this was handled, but based on what you've posted I don't see any legal ramifications.

Now, I see a couple of potential claims you might have depending on how they handle your return to work. So if they give you a hard time when you come back, please do come back and let me know.

 

[adjusterjack]

Was there an obligation on the manager's part to take my situation seriously and call for medical assistance when I asked for it?

No.

There was nothing stopping you from seeking medical assistance on your own, including calling 911 for an ambulance.

 

[quincy]

What is the name of your state? Florida

Before leaving for work, I had a coughing spell. It felt like I pulled a muscle. I rode my bicycle to work. I noticed some shortness of breath while biking. When I got there, I went to get some water. As I took of my backpack, I felt something give way. The backpack dropped and I could not pick it up. My supervisor was walking past and I told him I did not think I could work. He said I would have to speak to the manager. I spoke to the manager saying I felt sick and was not going to be able to perform my duties but I came in because I did not think I had any sick days. Manager says "and you didn't give enough notice". Manager tells me to wait outside the office. After about 20 minutes, the manager returns and asks what is going on. I told the manager I was experiencing intense pain and that I felt like I needed to go to the hospital. Manager replies "you are concerning me" and "I am concerned because you don't have any sick days remaining. I am going to contact HR regarding your attendance". I even had a pain attack in front of her and she walked away saying we were short handed and I could not leave. Another employee arrived (late) and the manager told him to go home because he was late (if they were so short handed why were they sending him home?). This employee gave me a ride home. I tried laying down for awhile but could not get comfortable. I went to the emergency room where they told me that my lung had completely collapsed (pneumothorax). A chest tube was inserted and I was admitted to the ICU. Two days later, a pneumothorax and 30 % collapse was found in my other lung. A second tube was inserted on the other side. After a few weeks, I ended up having surgery on one of my lungs. I am very upset that my situation was not taken seriously and request for medical assistance was refused. The manager made me feel like I would lose my job for leaving. The doctor said I was very lucky that my one lung was able to compensate for the one that had collapsed. Was there an obligation on the manager's part to take my situation seriously and call for medical assistance when I asked for it?

You should have called for emergency help if you felt you needed it. You instead expressed to your manager your worry about sick days.

I see nothing that supports a legal action.

I hope your recovery is swift and complete.

 

[commentator]

They may fire you for leaving work due to your medical situation. If so, file immediately for unemployment insurance. You will be likely to qualify ( if you have monetary eligibility) once you are fully released to return to work. If you are out of work due to an illness, medical condition or injury, and are terminated for that absence due to attendance points or something similar, you're probably good to be approved for unemployment, as an illness or medical condition is considered something you could not have avoided. When you file, statement will be obtained by the unemployment system from your doctor that you were seen for this or that medical condition and are now released to return to work. And then you may get to draw unemployment insurance while looking for another job.

But that they didn't believe you when you told them you were having a medical problem, that they threatened to terminate you, or really, hinted that they might terminate you, and told you no you can't go home, that wasn't illegal. Mean, perhaps, but not illegal.

It sounds to me like what these people were desperately afraid of is that you would try to claim you were hurt on the job (worker's comp) or suspected that you were just putting on for their benefit so you wouldn't have to work. And you must admit, you had no sudden huge awful obvious symptom like suddenly starting to heave blood, you were able to stand there and discuss the situation, which was not readily obvious, and tell them you were too sick to work, which was probably unwise. I suspect that if you'd announced you were dying, that you were probably having a heart attack and fell to the floor screaming in pain, they'd probably have responded more urgently. If you'd fallen unconscious to the floor and they had let you lie there for a couple of hours (which is a situation I actually knew about happening a few years ago) you could probably sue them, but as you describe it, it appears they were jerks, but not illegally. I'm glad you got treated immediately and hope you are able to recover successfully.

 

[quincy]

Here is a link to Florida's Good Samaritan Law, which does not impose a duty to aid under most circumstances for most people:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.13.html

 

[LdiJ]

I do agree that part of the problem is that you never actually articulated to anyone that you needed an ambulance...and you obviously did. Had you articulated a need for an ambulance and they refused to call one, or refused to allow you to call one then you might have some cause of action, but that did not happen.

Your employer's management may not even know now, that you had a collapsed lung and really needed help.

Once upon a time when I was young, I had debilitating cramps whenever I had my monthly cycle. Literally so bad that it was worse than the pain I felt during childbirth.

One time it started while I was at work. I was about 19 and was working as a server on summer break. I tried to explain it to my boss, but he didn't want to hear it and I was in too much pain to fight with him. So, I called my father who understood exactly what was going on. He came to the restaurant, calmly explained to the management what was going on, and carried me out. They ended up apologizing all over themselves because they did not understand that I really needed help.

That is what it sounds like happened to you. Its sounds like they honestly did not understand that you needed help.

 

[justalayman]

It isn’t the manager (or anybody else’s) obligation to determine if you require medical assistance. If you need to go to the hospital, then you need to do what it takes to get you there. Your boss could have watched you collapse and die in front of him and still not be liable for anything.


The only problem I see is you seemed more concerned about having sick days available than your health. It doesn’t matter whether you have sick days or not if your dead and given your issue, it could have gone that way.


I glad to hear you didn’t feel bullied so much that you stayed and worked. That was a good call on your part.

Sometimes we just have to do what we believe is right for us. You have to have the inner strength to be willing to make those calls.

Hopefully you still have a job and hopefully your boss feels like an ass for showing such little compassion.

 

[mommabear319]

Thank you all for your responses and well wishes.

 

[quincy]

Thank you all for your responses and well wishes.

We all appreciate the thanks, mommabesr319, even though I am sure what we had to say was not what you wanted to hear.

I am sorry your manager did not respond to your health emergency as we all would hope someone would if we were in a similar situation.

I hope you have a complete recovery. Good luck.