I dont really know where to start, and not too sure who to be upset and angry with I feel as if I have a problem with my employer for harrassment or hostile invirionment, I have a problem with a dr for malpractice and I have huge issues with the state of Ohio workers compensation laws, its borderline criminal. I understand there are a lot of people who are out there just trying to screw some one out of money but Iam not one of them. I fell in july of last year my first question is (I do have an atorney but I origionally was upset with them as well so Im finding myself crying and trying to talk to anyone who will listen) This is what happend the night I fell, I slipped and fell into a walk in cooler nearly did the splits and everted my knee hip and violently swang left to catch the racks so I would not break in half.. I was definatly not ok but I think I was in shock and not thinking to clearly, as if a car or train had hit me. I told my department boss I fell, and he said oooooh ouch.. that was it I managed to deliver checks to my 3 tables and was just well limping and kinda crying. about an hour later I asked my manager on dutie if you could see the split in my pants (they tore in an embarassing place)I was in tears she said as she laughed did your hurt your pussy, I just looked at her and cried and walked off, then I was just trying to finish stuff so i could go home I was in pain and just barely able to do anything about 1 hour later my department boss asked me if I should sit down, but I really couldnt sit down and just wanted out of therenext hour department boss comes up to me and says Im going to have to write an incident report (duh) about this almost in a way as if I had done something wrong and said um do you need an ambulance had I been thinking at all clearly by this point I would have said YES instead stupidly I said I dont have insurance and he said yea I know neither do I so I basically took that as I really couldnt do that. I was kinda confused. I told him im going to finish and leave and go to dr next morning. I started to lleave and the manager on dutie told me I had to take a room service up, and I said I just cant she said I was not leaving till I did. so I did.......next day I got up and fell with my first step called work and they said well you need to come in here and fill out some stuff and then you can go to the dr. so I did I read the so called incident report and I nearly fell on my face it said i refused help and to go home and well just BS I went to a doc around corner and then my great ohioworkercomp night mare beginsbut about 3 weeks after accident this urgent care dr I had gone to sent me back to work without seeing me or getting any test results..ok fine she said i could fold towls lightly and well lets just say the list of restrictions were enormous. I get to work on crutches I could not even open any doors or get into restroom. but my department boss again decided that me folding towels for another department was in his mind stupid and so he plopped down bus tubs of silverware down infront of me and made me sort clean and polish breaking every restriction that the dr had said, I was crying and said why are you doing this Im not supposed to be doing this I can barely move... he said were just trying to get you back into the swing of things. then he said did you hire a lawyer what do you hope to accomplish by that? well its nearly been a year and my injuries were a strained or torn mcl my hip still has not been diagnosed and I have fractures in my lower back and stenosis has now developed.. Im waiting on results of a new mri and I have a hearing for an emg the left side of my leg is numb........I know I cant sue my employer because of the workers comp laws but what about the way they treated me I will never go back to work there but I have been out for over 8 months now they dont fight anything but I have had problems with dr s as well I have a new one now but those are other questionssorry this is so long but Im just so upset that something like this can completely ruin your life Im only getting 134 a week to live on its criminal, and I cant work
Thank you for your post.I am sorry that you are in this situation, truly. I have read your facts but I am unclear as to what your question. What can I answer for you, exactly?
Becasue of the laws in ohio I cannot sue my employer for my fall because of workers comp, but can I sue for being asked and laughed at about my (I cant even say the word they used) and for not properly offering me medical attenttion and then for not honoring the drs restrictions and forcing me to work that only injured me more, I would never be comfortable returing to that place of employment not ever. Im sorry I just feel so awful right now and my life is just ruined I would be homeless if it wasnt for my best friend letting me live with her I will have permanent damage and the next dr I had was worse and treated me awful but thats a whole other situation,
Thank you for your follow-up.One question, please. What month and year did the accident take place? I wish to see if you may be covered under statute. Thank you.
July 23 2011
Thank you for your follow-up.Under the EEOC (Equal Employment Opportunity Commission) you would have had the ability to file for possible claims for hostile work environment on basis of gender and disability, but to file under Ohio statutes you would need 300 days from the date of the injury. This is good news although you are under the proverbial gun (since the deadline is leaving you literally a week) if you claim you were wrongfully discharged or maltreated. In that case you would be able to file a grievance against the employer and seek possible damages for their behavior. I would suggest you visit www.eeoc.gov, find your local Ohio location, visit them right away, and file a grievance.Good luck.Dimitry Esquire41038.1505602199
If I do this will this effect my workers compemsation case, they have not fired me I think because they know the comment that was made to me and they know now that they did not follow dr . restrictions, its funny the women who handles all this for work said oh no she was folding towels because I have it on video, hee hee, she did not know what they had me do I agree its all on video everything they did, the reason I have not pushed my own attorneys well I dont want them fighting my medical its bad enough fighting the BWC but I think my employer's know they did wrong, sorry to bable so much Im very upset
You do not have to be fired to pursue it, it is called a "hostile work environment" claim that does not require termination. I am sorry that you are upset but the answer I provided to you, if you choose to use it, is the option you have remaining.Good luck.Dimitry Esquire41038.1590982986
oh Im not upset about the answer you gave me at all you did answer my question, and I appreciate it, what I guess im wondering is if they will retaliate against me through my workers comp case, but I dont think the law will allow them too retaliate at least I hope not
They cannot retaliate, since that will simply make your case against them stronger.Good luck and take care.Dimitry Esquire41038.1643051736
thank you very much
You are most welcome.If you found my information to be useful, kindly press the green 'accept' button so I can be compensated for my assistance. Thank you.Sincerely,Dimitry, Esq.
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