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I warn you now this LONG. So long in fact I had to type it up in word and cut and paste so that I didn’t have to keep going back and adding details. I know this is probably against the rules, but I’m sorry, really sorry…Hope you can suffer though this and read it, I really need the help. Thanks in advance.
Last year I was working at Hobby Lobby. Well while on the job I hurt my back. I kept telling the boss and the assistant manager that my back hurt and I needed to go home. They kept telling me that I would be ok and that I needed to stay until closing time. Well I somehow made it through the day. Well that night I couldn’t sleep. I couldn’t stand and I couldn’t set for more than a minute or two at a time. It was horrible. Well come morning I call the manager and told him that my back hurt and I wouldn’t be able to come to work. He told me that if my back hurt that I would have to go to the Chiropractor and get a work release before I could even come back to work. I however was tight on funds, so my mom’s best friend (also co-manager of Hobby Lobby) told me that she would pay for my first visit. I thought that was so nice of her and then made an appointment with her chiropractor.
Well I went in to see him; the car ride there was HORRIBLE… They gave me a form to fill out and since I have never done anything like that before, and having no idea what to write and not wanting to get Hobby Lobby in trouble I say that I hurt my back else where, other than work- stupid mistake, I know. Well he x-rayed me (didn’t expect that, never had been before) and then he told me I had a pinched nerve in my lower back –well duh! He then laid me on that weird table and put his hands on my lower back and popped it, he did that three times and told me to come back the next day. So then my friend, my mom’s friends (same friend as before) daughter had taken me so she said she would pay if I wanted to go out to the car. So I did, I had already made an appointment for the next day and got a note saying I couldn’t work yet. Well this went on for two weeks, 6 chiropractor visits at $40 a pop that got pricy. At this point, my back hurts extremely bad, but good thing I can actually set or stand for a little while longer, if I do it just right, and I have this huge bruise from my mid back down to my butt and it hurts to even look at it. I had another visit with the Dr. the next day so I called into my boss and told him about it. That very same night my mom got a phone call from her friend telling her that if I didn’t come back to work the next day I would be fired.
So the next day I tell the Dr, I need a release form so that I can go back to work. He doesn’t say no, but he said that I shouldn’t be going back because I still hurt. I was glad to be gone of him though, he had hurt my back so bad, he was and is a QUACK. Well I go back to work. A week passed and that’s when I was moving an hour away to live with my then Fiancé. I still wanted to keep my job, so I was going to make the hour drive to and then back every day I worked.
Well the day that we move I bust my radiator. And besides my Fiancés car, which he needed for work. I had no means to get to work. But the car was going to the shop the next day and would be back in 3 days at the most. So I call my boss up and tell him about the problem and that I would call him in the morning if I needed that day off too. Later that night I gets a call from my mom saying that the co-manager, her friend, called and said that if I called into work the next day and said I couldn’t make it, I was going to be fired on the spot, since I had been missing so many days.
The next morning I found out the car was still ‘sick’ so I had no choice but to quit or I was going to get fired. And I don’t understand this. How could I be fired for missing so many days when the only days I had missed were ones that were cause by Hobby Lobby themselves and ones I wasn’t allowed to work because I didn’t have a release form. This happened a year ago. Then about 2 month ago I get a thing in the mail from a Debt collection agency saying that the Chiropractor wants his $170 for the X-rays. Which I though my moms friend was paying for, but that’s not the issue here. The issue is Hobby lobby ****** me over. I was never told I could go home, I was never asked to fill out forms, which I found out about when I called my moms friend about the x-rays, for work-mans comp and so on. I was never told about these and then I had to rush to get back to work or I would lose my job. Which by the way wasn’t worth it, I still have horrible pack pains and loss of sensation in my left leg. It will get horrible pains in it, where I swear someone is taking the mussel and ripping it off. So I have to get out of bed or up out of a chair and walk around for awhile. This however is better than how it was, there was a time that after I laid down or set down for anything over 5 minutes that when I got back up I had to limp around for a good half hour, because my leg hurt to bad to put any pressure on it. Which SUCKS.. And then after all that, to have a real accident with the car and then have my job threaded again, so much as to having to quit. Which wasn’t right since I would come in on my days off to help and I would stay over and to extra stuff all of the time, just to make them happy.
Then here a month ago the manager got pulled out of the store because he was caught stealing money and merchandise. That he was fixing the books and stealing great deals of money from them and was an all around bad guy.
So here in lies my question… Is there anything that I can do about this? I mean with the company, since I was treated horribly by this man who later turns out to be a thief? Do you have any comments on this?
Again I’m sorry this is so long and I know I shouldn’t have use word, but I didn’t want to have to keep going back to add details. SORRY!
Thanks to those of you who read it.
Sorry if this is in the wrong section.

2006-11-19 04:27:18 · 8 answers · asked by Brenda C 1 in Politics & Government Law & Ethics

Its not the insurance or even about the money. My husband has a great job and takes care of me. And I am still fully capable of doing things. In fact, I just asked the questions because I was curious as to if there was anything I could, since he just got busted. But for those that have answered so far, its been really good advice.
And I have been to the doctor, she says that I should leave the Quacks be and get into physical therapy to help with the leg and back pains.

2006-11-19 04:46:35 · update #1

8 answers

Only an attorney, properly licensed in your state, can analyze this situation and give tailored legal advice to your situation. You didn't specify the state, and therefore, the below is GENERAL legal information, and should not be construed as legal advice for you.

Under the worker's compensation laws of all 50 states, when a worker is injured on the job, the worker has a responsibility to follow their company's policy on job related injuries. Generally, a company may not insist that the worker go to only those physicians recommended by the company, but that varies somewhat from state to state. However, you should have probably been evaluated by a M.D. and not a chiropractor.

In the situation described above, out of all this can be seen a few facts that are relevant, and the remainder are not. These are:
1) Complaintant was injured while in the course of his employment;
2) Complaintant went to a medical provider recommended by the company, but then LIED about the nature of the injury;
3) Complaintant was then not released medically to return to work;
4) Complaint VOLUNTARILY terminated her employment.

There really isn't any controversy about whether Complaintant lied on the medical form. There could be some controversy about the voluntariness of the termination, but all we have to go on here is the available facts. In fact, Complaintant never states that SHE was personally told that she would be fired if she called in. This is always 3rd party information. For the same reason that 3rd party information is not normally admissible in court (hearsay rule), I don't give it much credence here.

It isn't clear under the circumstances what remedy the complaintant wants. It may very well be too late to file a worker's compensation claim, but that will be termined by the state laws.

You need to consult an attorney in your state who can analyze the situation and give you the properly tailored advice. For a referral to an attorney, consult your local or state bar association.

2006-11-19 06:24:34 · answer #1 · answered by Phil R 5 · 0 0

I do know that you can not be denied unemployment for health reasons if that's any consolation . It was quite a mistake not telling the doctor it was a work injury because workers compensation would have paid the doctors bills. If you haven't already apply for unemployment after your treated and better. If hurt on the job you are permitted to see any doctor of your choice by law , not necessarily the company recommended doctor . For back problems I would recommend a neurosurgeon first before seeing a chiropractor because they are more highly trained and can operate if necessary to fix the damage . Now that you obtained a work release and didn't initially tell them it was a work related injury your really stuck for doing that unfortunately , but it would be worth a try to have a free consultation with a lawyer to be sure. Good luck wish I had better news.

2006-11-19 04:44:36 · answer #2 · answered by Anonymous · 0 1

A lack of focus is obvious in this situation, as well as being betrayed by people you thought would help you. Misrepresenting cause of your injury further complicates things. Call and ask advice of Workmen's Comp--keep it brief--ask for personal appt. if you can get it. You might have to walk away from this whole mess, but it's been some vital lessons. In the meantime, apply for Medicaid if you're eligible and go see a doctor for xrays and treatment. Medicaid will cover it.

2006-11-19 04:35:26 · answer #3 · answered by beez 7 · 4 0

wow.

i'm sorry to say, you f**ed yourself, twice. 1st when you lied to protect hobby lobby. big mistake. you may have forfeited all your rights to claims against them, workman's comp, everything. the 2nd time was when you quit to avoid being fired. they can't just fire you, esp. when you have a work related injury. (even though you lied about it being work related...) they have to go through a procedure that involves formal warnings, etc. you had rights. you gave them up. the fact that the manager was a scumbag theif has no bearing on your case unfortunately. your one hope is that someone trustworthy, or even better two someones, at hobby lobby could testify on your behalf about you lying to protect hobby lobby, which may leave you open to seeking some help from workman's comp for your medical expenses and lost wages.

and i hope you have learned something here. you have to stand up for yourself and look after #1. learn your rights.


good luck

2006-11-19 04:44:39 · answer #4 · answered by Anonymous · 0 1

Best advise I can think of is take this story and your bills and go to your states Department of Labor. They should know what to do. Good luck!

2006-11-19 04:32:54 · answer #5 · answered by Bawney 6 · 2 0

LEGAL ADVICE IS "ATTORNEY"
THATS WHAT THEY GET PAID FOR AND SCHOOL'D FOR.

THEY CAN CUT THRU THE CHASE AND GET TO THE POINT..

I DON'T KNOW IF YOU HAVE DOCUMENTATION THAT CAN STAND UP IN COURT. A LOT OF SAY SO AND NOTHING FOR INJURY-CAUSE OF INJURY-EMERGENCY ROOM - DOCTOR REPORTS ECT...

ATTORNEY CAN BEST PROVIDE YOU THE HELP YOU NEED.

2006-11-19 04:35:10 · answer #6 · answered by cork 7 · 1 1

Conctact me if you are looking for an Affordable way to get access to your Legal Rights. I will grant you access to the No.1, Law Firm in your State. Don't waste time looking, just contact me I will save you money and time. Hope to be of service to you.

2006-11-19 04:33:16 · answer #7 · answered by Anonymous · 0 4

I THANK YOU NEED TO C A LAWER REALLY QUIKE

2006-11-19 04:45:38 · answer #8 · answered by Anonymous · 0 1

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