I fell at work and broke my foot. My employer has been annoyed that I'am not back yet. I enjoy my job very much. But I'am not able to walk at all yet. I have received two checks from my employer. But, they have paid me from my vacation and sick time. So when I return to work, I won't be able to use that time.I have also been asked to sign a leave of absence form. I have never been hurt at work before. I have been working at this institution for more than 20 years.
2007-07-02 08:21:36 · 11 answers · asked by reneey64 2 in Politics & Government ➔ Law & Ethics
By harrasing my immediate supervisor has left many messages asking when I would be back to fullfill my obligations, what were my plans to return to work, etc. I was told that it had been very difficult to find temps for my position. and they needed a specific day to when i would return to work. I have received over 8 messages like this. When the messages have been left, my employer sounds very angry. The last message that was left she was yelling. Every time I have gone to the Dr. I have mailed, emailed and faxed the info. I have done my part in making sure that the lines of communication remain open.
Second, I was on the clock while I fell. And third my employer does carry worker's comp insurance.
2007-07-02 08:54:10 · update #1
If you live in a semi-civilized place, such as New York, you can sue the stuffing out of your employer fior the harassment. You are covered by workers comp and most likely the bosses have disability coverage (so they don't lose pay or have to take the small workers comp payouts that the working stiffs get) and you should DEFINITELY discuss ypur lawsuits (two of them: a good attorney can always find a third party to drag into a lawsuit for causing the injury, and you can sue for the harassment as well, most likely, for the company withholding the real disability payments you're entitled to.)
There is a third angle, a truly vengeful angle. The company has unquestionably obtained disability income insurance for its bosses. Legally, they are required to provide the same benefits for the rank and file as for the bosses. If they do not, then they are not allowed to deduct the insurance premiums. But their corporate tax returns are guaranteed to take those deductions.
When you report them to the IRS, keep in mind you receive an informants' commission equal to 10% of the taxes and penalties recovered. If they obtained the insurance and are withholding the benefit, there is a penalty under ERISA which (the last time I looked ) was equal to the withheld benefit. In other words, you recover double damages.
Go get 'em! Don't sign anything for those black-hearted so-and-so's.
2007-07-02 08:31:51 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Before I join the bandwagon inviting you to sue you need to answer a few questions.
First, HOW did you hurt your foot at work and were you actually working (on the clock) or fooling around?
Secondly, HOW is the employer 'harassing' you. In other words, the exact words?
Lastly, DOES your employer carry worker's comp insurance?
By the way, YES, I am an attorney. That's why I don't jump in without all the answers.
BASED ON THE ADDITIONAL INFO:
First, you have no case for harassment. In fact, if you have not filed a worker's compensation claim the employer is well within his/her rights to find out if and when you will be coming to work.
Secondly, why have you not filed a worker's comp claim?
2007-07-02 08:38:41 · answer #2 · answered by hexeliebe 6 · 0⤊ 0⤋
You should be able to receive compensation and medical bills paid by the companies worker's compensation. Legally, they have to let you stay at home until you are healed and a doctor signs the release for you to go back to work.
Many companies pay out vacation and sick leave first, then you will get paid from short term disability (check with your human resources department and they can tell you if that is company policy). Your boss can call and complain to you, but he can't make you come back to work (and in fact he could get sued if he allows you to come back to work without the doctor's release). It is not legal for him to call and harass you, and if you wanted you could get him in trouble by reporting him (make sure to make notes of what time he calls, how long he stays on the phone, what he says to you on the phone, and how often he calls -- your phone company can back up your information).
Also, you won't lose your job. They can't fire you if you are under your doctor's care and you were hurt at your job (as long as it wasn't your negligence that caused the accident). Just don't try to milk it.
2007-07-02 08:33:31 · answer #3 · answered by Manda B 4 · 0⤊ 0⤋
Since this happened at work, you should be entitled to workmen's comp. While sitting at home, check the yellow pages for an attorney that specializes in Workmen's comp claims. Do not sign anything without first talking to a lawyer.
2007-07-02 08:29:05 · answer #4 · answered by Songbyrd JPA ✡ 7 · 1⤊ 0⤋
Talk to the manager and ask questions to learn and understand why he is behaving this way.
If you broke foot at work, you are entitled to Worker's Compensation. Know the law in your State.
In the alternative, check with an Employment Lawyer.
2007-07-02 08:27:17 · answer #5 · answered by Raja 4 · 2⤊ 0⤋
sorry to pay attention approximately your leg. on the brighter side there are techniques in for you to use a while and not lose interest a million) get somebody to fill up your xbox / psgames ! 2) try sudoku - somewhat addictive 3) get a crossword e book 4) in case you have a companion, play chess or boardgames like monopoly or cluedo (may well be somewhat relaxing in case you have a feeling of humour) 5) knit somebody some thing ! desire I actual have given some smart strategies !
2016-10-03 10:28:43 · answer #6 · answered by persaud 4 · 0⤊ 0⤋
I suggest getting a lawyer involved who understands business law and asking him the proper way to handle this. Since you were hurt on the job, you should already have filed a workman's compensation claim.
Your lawyer should be able to school you in the proper prodecures and what is legal/illegal to do.
2007-07-02 08:32:30 · answer #7 · answered by ookami007 3 · 0⤊ 0⤋
What they need from you is a statement from the doctor treating you that you are UNABLE to return to work until------ then give a date. It is unfair that they have to wonder when you will be back. They depend upon their employees.
If you are going to be off for an extended period of time, you should apply for FMLA - that is what your boss is referring to. If you are on FMLA, they are able to hire a temp to replace you at work.
They don't have to hold your job indefinitley and it seems they are doing their best not to let you go.
2007-07-02 08:29:09 · answer #8 · answered by Anonymous · 0⤊ 1⤋
To make you feel better, I had a puncture took me 30 minutes to change the tire so I arrived at work 9.30 almost an hour late. My boss looked at his watch and said " Hey ,you should have been here at 8,30 . So I asked him " Why what happened."
2007-07-02 08:28:31 · answer #9 · answered by Anonymous · 0⤊ 1⤋
You need to call a lawyer. You should not lose vacation time, and shouldn't be receiving calls like that.
2007-07-02 08:30:09 · answer #10 · answered by Bob Jones 2 · 2⤊ 0⤋