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Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3360
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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I have a question about human rights in the workplace.

Customer Question

I have a question about human rights in the workplace. Injured at work, on wcb claim and was yelled and sworn at by project manager after i left the hospital when i told him the dr said i had really damaged my back, that i may not be able to drive haul truck again.... i asked him to take me to my hotel for 24 hours bed rest as dr prescribed that and he refused and started yelling at me saying there was no way I hurt myself at work and he was gonna prove it even if he had to take me to back specialists.... i asked him 4 times to take me back to the hotel and he refused until i took my seatbelt off and told him i was calling the police. he then drove me back to the hotel stating be on the crew bus or I would be refusing light duty and fired...i went back agian to the hospital to get the 24 hour off work notice and tell the dr what happened after i left with my boss the last time. I was extremely worried about my back and wanted to follow the drs notice to a T as i did not want my back damaged anymore. i caught project manager texting safety in the office today as I had safetys phone to book a dr appt... while I had her phone a text came through from the project manager, saying ... what is that trash bag complaining about now? I took it to safety, she deleted it... I started yelling at the project manager about violating my human rights not once but twice and then I told him I would go to court and get all the text messages back from the whole damn office to be recovered and take it to court...he had denied it at first and then he apologized to me in front of his coworkers, safety and another manager saying that that was very unprofessional and he shouldn't never of done that. they took me back to the hotel just after that... I am on a wcb claim.. can I quit due to the harassment , discrimination over my injury and the intolerable situation on a wcb claim and still be eligible for wcb and medical help for my injury? The office there has become untolerable and I am on light duty right now but I cant stand to be in that environment any longer.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

Are you asking about whether you can quit and still receive WCB benefits?

Customer: replied 1 year ago.
due to the intolerable situation at work
Expert:  Legal Ease replied 1 year ago.

Is the WCB for pain and suffering or rehab costs or income replacement?

Customer: replied 1 year ago.
i don't know how serious my injury is yet, the Dr. thinks very serious so i don't know what all i will be asking wcb for, but i cant go back to work in that intolerable environment. So if i quit will i still be on a WCB claim? or am i not entitlted to certain things if i quit.. or am i denied wcb all together...
Expert:  Legal Ease replied 1 year ago.

What has happened with WCB so far?

I am going to sleep now but will answer back in the morning.

Customer: replied 1 year ago.
i have to go to work in the morning if you don't answer me .. i paid for this service today so i don't have to go to work if i don't have to. nothing has happened with wcb so far.... the injury is reported. that's it !!
Customer: replied 1 year ago.
Can you please answer my question tonight
Expert:  Legal Ease replied 1 year ago.

No I cannot because this is general information only and not advice.

You cannot rely on general information you get online to decide major decisions.

And I cannot possibly know what will happen with your WCB claim at this point.

This is not what the site is for. I am going to opt out. Perhaps another expert will pick this up but the truth is that for actual advice you need your own lawyer and there is no way around that.

Customer: replied 1 year ago.
then please credit back my account as you did not help my in any way
Customer: replied 1 year ago.
i don't want a new lawyer... please credit back my account as you did not answer my question at all.... only answered with a question which has not helped me at all.... i need that money back now ! i am 100% dissatisfied with this service.
Customer: replied 1 year ago.
Please refund my money immediately as you did not answer my question. I am extremely 10000 % dissatisfied with this service.
Expert:  Ulysses101 replied 1 year ago.

Hello, I'm sorry that you're in this situation, and that you aren't satisfied by the other expert. LegalEase is correct, however. We cannot know enough about your potential WSIB claim to tell you whether it's airtight enough for you to assume that you can quit and call it a wrongful dismissal.

Perhaps I can make a few suggestions.

I assume that you don't belong to a labour union. If you do, then talk to your union steward immediately.

I don't recommend that you quit, even though you feel like you have grounds to do so. Here's why:

1. Your WSIB will be instantly challenged by your employer because you quit your job. Then your fight is twofold, firstly with your employer which will never admit that they terminated you, and then with WSIB to get you the compensation and benefits under that act.

2. You need income, I assume. If you quit you aren't entitled to any severance or termination pay. WSIB will close its file until you can prove what you're claiming. You're hurt and won't find work any time soon. Your employer certainly won't write you a recommendation.

3. Most importantly, you already busted your boss! You called him out and he had to apologize to you in front of everyone, right? This gives you the upper hand, and you can be sure he won't be doing anything else to make your life or job harder, or else the employer is at risk.

I know you're embarrassed and upset by what happened, but if you make an emotional decision here you'll regret it. Quit if you want to, but not because you're upset. You need to take some time and think about it, and get informed about what will happen to your WSIB claim, you should look into getting a lawyer to help you with that.

I know that you're not happy with the service you got. Normally, I'd ask you to give me a positive service rating for my answer. I think I've helped you all I can from where I am. If you would like your deposit refunded, you have to contact customer service. The experts aren't site employees and we have nothing to do with the financial and operations of this site.

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