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Jack R.
Jack R., Lawyer
Category: Employment Law
Satisfied Customers: 6147
Experience:  Review contracts for major corporations
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Im a hairstylist and have work for my company for 7 yrs in

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I'm a hairstylist and have work for my company for 7 yrs in July. I have never been written up for any actions and have been the assistant manager there for 6 1/2 yrs. In April 2012 my old owners sold their business to a new owner. I work for a franchise so owners were just swap. I kept my position and pay as well. Then the end of December of 2012 i obtain a bulged disc while trying to put down the leg rest at the shampoo bowl and ignoring the pain and continue to stand all day, bend, and shampoo until i could not bare the pain any longer. When i return back to work 3 to 4 days later I file a incident report at work and it took them almost two wks to get back with me. I have no insurance and went to the chiropractor who did a ex ray and told me that it was a bulging disc. When the owner got back with me about the incident i was inform that it was ok for me to get treatment and he would pay the cost. to keep his insurance from going up. Which I agree cause I did not want to do workman comp if i didn't have to. Chiropractor told me 3 months of therapy which seems to improve but I still have problems with my back. We did not have a panel listed so i have no options of selected workman comp lawyers. Then on yesterday 3-30-13 i was demoted. Reasons were that my manager was demoted and since a new manager was placed he is leaving it to her to chose her assistant. Which is a lie cause he sent a new manager to one of his store and the assistant there already continue to be the assistant. When I brought that to his attention he said the reason was because he knows how hard her life was and she was a project of hers and she finally came around 2 yrs later. I was wondering if it is to late to collect workman comp. or is there anything I can do legally. Since my injury I went from almost 35-40 hrs to 20 hrs in though the doctor has sent a note allowing me to work no more that 30 hrs. I was wondering would matters be based on pay and hrs i was making before my injure or after?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Jack R. replied 1 year ago.

If you are injured on the job, Georgia law requires you notify your employer within thirty (30) days of injury or when you learned of the injury. If you waited longer than 30 days you still may be able to claim benefits if you can provide an acceptable reason.

 

Since your employer provided medical care and disability benefits formal notice are forms were required to be filed with the State Board.

 

If your employer ceases to provide either medical or disability benefits to you, then you are required to file a notice of claim form with the State Board of Workers' Compensation within one year of your date of accident. If you received authorized medical treatment for your injury under workers' comp, you have one year from the date you last received this treatment to file the claim with the State Board.

 

As far as your employment hours. A manager is allowed to reallocate work hours for any reason that is not unlawful discrimination. Unlawful discrimination refers job issue because of race, color, national or ethnic origin; sex, pregnancy or marital status; age; disability; religion; sexual preference. Favoring one employee over another is not necessarily something that is actionable under the law.

 

You would certainly ask for compensation based on your work schedule at time of injury.

 

 

This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

 

Customer: replied 1 year ago.

We agree on him paying my bills in order to keep workmans comp out of the issues, but i chose to work in pain and from the actions of him yesterday. I think i was demoted in order to quit. Not only am i not healing properly my pay and hrs are cut? I was wondering should i just file wc? I also file the incident report days after my injury.

Expert:  Jack R. replied 1 year ago.

Yes, you should file. You need to make sure that you benefit is preserved even if you do decide to leave the job.

 

 

This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

 

Customer: replied 1 year ago.

So wc would not penalize me accepting chiropractor care for the past 6 months and allowing my owner to pay the medical bills. Or i wont be able to apply for wc because he is already paying for my medical care. I just want to make sure i'm understanding you correctly before i apply. I know once i apply he will probably fire me or make it even harder for me to work there. Also have i hurt my case by accepting care and getting better cause before i was unable to walk but now im walking better. Also unsure if he actually has WC insurance maybe that's the reason for no doctor panel posted.

Expert:  Jack R. replied 1 year ago.

It is against the law to be fired for filing a workers comp claim and the penalties can be severe. You have one year from the time of reporting to your supervisor file your claim.

 

 

This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

 

 

 

Jack R., Lawyer
Category: Employment Law
Satisfied Customers: 6147
Experience: Review contracts for major corporations
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