Scenario: My fiance called me at work this morning and said he ripped his thumb nail off (his thumb was injured earlier this year, has now healed, and got permisson to return to work a couple of months ago). He works in construction and was drilling something and got his thumb nail caught. He cannot drive right now due to suspended liscense so he carpools. The person he carpools with offered to take him to the doctors but the foreman on the site said no he couldn't leave because there was too much work to do. He was bleeding pretty badly and in pain, so they cleaned the wound and wrapped it in gauze. It bled through the gauze and they had to do it again. He asked If i could come get him but he was over 2 hours away and if he is bleeding I told him it was their responsibilty since he was hurt on the job, but if he needs me to i will come get him. Because I thought if hes bleeding he needs attention now not 2 hours from now right??
2006-10-11 09:27:27 · 9 answers · asked by Mae 3 in Business & Finance ➔ Careers & Employment
Is this legal for a mananger/supervisor to refuse medical attention because the employee cannot drive or because there is to much work to get done??
2006-10-11 09:28:18 · update #1
Anyway I keep calling to check on him, he says the bleeding has stopped, but is still in a great amount of pain. He does not want me to come get him, (he's being stubborn) he says he will wait the day out and go to urgent care tonight. Is there somewhere i can report this business too? I don't think this is legal.
2006-10-11 09:30:21 · update #2
No it is not legal his supervisor is supposed to turn in all injures calmed no matter how small. He should make a note of the day time supervisor name and what he was doing and any witnesses.
2006-10-11 09:38:51 · answer #1 · answered by stacie m 1 · 1⤊ 0⤋
He has a right to medical care for the ripped off thumbnail, too much work or not. The foreman's being a hard azz by not letting him leave, not to mention encouraging a lawsuit.
Stop calling to check on him so often too. He's a big boy & can take care of himself. Otherwise that foreman will fire him & you'll have that to deal with.
He should walk off the job & go get medical care. Then get a lawyer/attorney to sue if the foreman gives him any static.
2006-10-11 09:44:56 · answer #2 · answered by Belle 6 · 0⤊ 0⤋
Although his injury is certainly unpleasant, it really isn't an "emergency" and neither one of you is going to get anywhere besides fired by threatening to sue.
He got his own thumbnail caught. No one was negligent. He is in no mortal danger by having to wait a couple of hours for medical attention. If he went to the doctor or emergency room, he would have to sit there for a couple of hours with his thumb in gauze until they could see him. He is bleeding, not hemmoraging.
If he truly believes it is an emergency and he needs immediate medical transport, then someone should call 911 for an ambulance. If it isn't a real emergency, he should call a taxi to take himself to the doctor if he doesn't want to wait for you to get there or his friend to take him after work.
The employer is under no obligation to send other staff as a paid car service or escort for a non-emergency matter. That isn't their responsibility.
His injury won't be reported to workers comp until he has lost a day, shift or turn of work and he will have to file a claim.
2006-10-11 11:03:59 · answer #3 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
YES, in most cases the company must let him have medical attention. Check with a local attorney.
2006-10-11 09:30:04 · answer #4 · answered by aquamerina85 2 · 1⤊ 0⤋
No, not legal. But how old are the two of you? Leave and go take care of it. Tell the Er he was hurt at work...they'll take it from there.
2006-10-11 09:31:26 · answer #5 · answered by N0_white_flag 5 · 1⤊ 0⤋
Nope. Sounds like a lawsuit in the making.
2006-10-11 09:30:03 · answer #6 · answered by Darien 3 · 1⤊ 0⤋
If he needs medical attention and they won't transport him, he should call 911.
2006-10-11 09:39:19 · answer #7 · answered by Bostonian In MO 7 · 1⤊ 0⤋
An emergency is an emergency, I'd seek legal advice on this!
2006-10-11 09:30:47 · answer #8 · answered by Life after 45 6 · 1⤊ 0⤋
definitely not legal, he should've called 911. find a good lawyer
2006-10-11 11:15:11 · answer #9 · answered by kristen t 3 · 0⤊ 0⤋