he talked me out of going to the doctor (citing he couldnt afford it) then laid me off 2 weeks later (18 months ago) only worked about 4 weeks since(with different employer) i still have pains(quite often) from the injury and believe it is not completely healed. anything i can do?
2007-10-29 07:41:55 · 4 answers · asked by derek d 1 in Politics & Government ➔ Law & Ethics
i saw the doctor twice per his exxpense before he talked me out of going
2007-10-29 07:55:55 · update #1
You can sue anybody for anything, just a question of what you can prove in court. Did you sustain the injury on the job? If not, then your boss' feedback on going to the doctor or not really isn't an issue. If this was a work related injury, workman's compensation should have covered it. Why did you wait so long to think about action? You should probably at least check workmen's comp to see if there is a statute of limitations for reporting an injury. Would have been ideal if this had been documented when this happened. Might be difficult to prove this happened on the job since so much time has passed. Might be worth consulting an attorney, but if I were you, I'd be more concerned about the health issue you're facing then getting revenge on an old employer.
2007-10-29 07:53:51 · answer #1 · answered by babalu2 5 · 0⤊ 0⤋
Well first of all if this was a work related injury, I assume it was all employers by law must carry wormans comp insurance. So the first step should have been filing out some sort of paperwork, after visiting the dr office or ER.
Sencond step should have been consulting a DR so that a determination could have been made on the type of injury, healing time, treatments, and extra.
So in your case you will need proof of the injury, you did not seek medical attention ofter the injury so at this point I would file a workmans comp claim against that company.
You might need an attorney also your case is going to be difficult becuase you did not get any medical attention and it will be hard to prove where you substained the injury if you have no proof.
2007-10-29 14:49:46 · answer #2 · answered by Anonymous · 0⤊ 0⤋
probably not. The decision of whether to file a medical incident report with your employer has to be yours--you could have said you wanted to file a report JUST IN CASE anything gets worse--and then asked for a COPY of the report to protect yourself. If it got worse, you had the report...if it got better, you were covered but had no problems. Your employer is REQUIRED to carry Worker's Compensation insurance and his cost and number of claims is not relevant. Next time you will know better.
2007-10-29 14:51:31 · answer #3 · answered by Mike 7 · 0⤊ 0⤋
YOU need to IMMEDIATELY file a workers compensation claim. Get yourself an attorney who will do it without any up front money. As long as the injury occurred while you were working - it will be covered. Was anyone else a witness to the injury at your old job - if yes, provide their names to your attorney.
2007-10-29 15:09:08 · answer #4 · answered by Dina K 5 · 0⤊ 0⤋