Employment Lawyers Can Answer Your Employment Law Questions
Hello there -
Have you seen any doctor at all yet or gone to the emergency room?
Do you have any witnesses to the accident at work?
i am planing to go to the doctor ASAP, but one of my coworkers just brief me today , and correct me if i we ar wrong , he said to me that if i call in sick saying that i can not work because i dont feel good or real sick , they may make it look like this happened outside work , and insurance wont cover me at all , and yes i have withnesses .
Hello again Francisco --
While that may be the general approach of your company in a situation like this, the law does not automatically permit any such assumptions to be made for your case if you do not see a doctor right away and if the only excuse that the company has for refusing to pay you is that you have not seen a doctor and because you called in sick without a doctors review and note of the work injury then you must have gotten hurt off the job without any PROOF that you were hurt off the job (such as witnesses who sawy you get hurt off the job, or a private investigator report that says they saw you getting hurt off the job on the day you called in sick) then the court will not allow such an argument to be made and you will win the worker's compensation benefits for the time period that you must be out of work. Finally, if you go to work while injured like this without first seeing a doctor then you may cause further injury to yourself which the company will try to use against you later.
My suggestion here is to call out of work sick and tell them that it is related to the workplace injury you suffered on XXXXX date and that you have called your doctor for an appointment and if your doctor cannot see you by the close of business tomorrow, you will seek treatment at the emergency department of the nearest hospital and get an assessment and an initial note from that doctor either keeping you out of work completely or ordering you back to work at a light duty job or ordering you back to work at your regular job. It is most likely that the emergency room doctor will give you a note for work to tell them that you are injured and you cannot work for a few days and that you must follow up with your own doctor if you need more time away from work to recover and then during the time period that you are out of work based upon the note from the emergency room you will be expected to see your own doctor and your own doctor should determine how much additional time that you need to be out of work (if any time).
Under the worker's compensation laws, you will not be paid for the first 5 days that you were out of work with this injury -- unless you are actually out of work for a period of more than 14 days (at which time, when you reach the 14th day out of work, the worker's compensation law requires that the company pay you for those first 5 days after your initial injury). Regarding the delay in reporting -- it is NOT your fault that your supervisor did not take you seriously and write up an accident report right away - in fact, most supervisors are told NOT to write up an accident report if the accident does not seem that serious on the day it happened -- because the company is permitted to complete an accident report within 6 months after an accident happens in the event that situations like you have here arise. This happens all of the time because the company is trying to save money and one of the ways to do it is to NOT complete accident reports and then tell the employees that unless an accident report is filed on the day it happened that the employee does not have a valid worker's compensation claim -- this is not the case for any workplace injury but if they can get you to believe this then you may be afraid to file the report and you will simply "suck it up" and not make the report.
I hope that all of this helps. Call your doctor, get to the emergency room immediately and call the company and let them know what is going on and that if an accident report was not completed on the day of injury then the company must complete one now so that their records will be in order.
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THANK YOU VERY MUCH !!!
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