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CalAttorney2
CalAttorney2, Attorney
Category: Employment Law
Satisfied Customers: 10237
Experience:  Civil litigation attorney for individuals and businesses.
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I am a salaried supervisor and was hurt on the job about a

Customer Question

I am a salaried supervisor and was hurt on the job about a year ago. My company has taken the liberty to take all my PTO time to pay me because they say that the companies policy is that. However my injury took place at work and they have tried to wipe thier hands clean and not take responsibility over the injury which was a disk herniation to my l5-s1.
I am covered under FMLA and they still don't care they say that is only to take care of my job but not to pay me. I have explained over and over that y should I continue to be penalized if my injury was at work. They even offered me a settlement because they said it was a pre existing condition but I never suffered from it. Now I have a continuous pain and even go to therapy.
Due to some of the medications I take I have over slept at times and shown up late and they have issued me to corrective actions cause they want me out of the company. They even sent me to a specialist who said it was a pre existing condition but I asked for another check up and that doctor recommended that this was something of concern because I am falling and have fallen twice at work one which was in my bosses office and they did nothing and what they said was his opinion did not count because they only give one chance for an opinion. Not a second opinion. I did record the conversation between the doctor and myself where he stated the severity to the situation.
But moving forwrD my company wants even if it's 10 pm and my start time is 9 am if I take my meds to advise them that there is a possibility that I can run behind even though it's almost 12 hours in advance. I have pictures as well as where I herniated a disc in my neck as well after having surgery because of the door rails on the floor being damaged and a cart falling in me causing me to use my Strenghth to prevent crushing me against the wall. Ironically the door was fixed the next day and signs posted. I just feel that I have a strong case against my company and its a corporate company and they are trying to find ways to get me
Out now. I been there a but over 5 yrs and the only 2 corrective actions have been due to tardiness which is written on my FMLA paperwork approved that these type of issues may occur. Now they are finding ways to cover them
Selves. I need help and guidance as to
If I have a case and if I should
Perdue. From the point of the lack of them maintaining the facility in a safe manner which would have prevented the c2 herniation after I was fused from my c3to c7 and then suffered that because. If cart to the violation of my HIPPA laws because they discussed my medical conditions and medicines to now the corrective actions over topics that are covered in my FMLA paperwork. So please is you can help me I really appreciate it
Name is*****
Phone number is(###) ###-####
Submitted: 6 months ago.
Category: Employment Law
Expert:  CalAttorney2 replied 6 months ago.

Dear Customer,

I am very sorry to learn of this situation.

I believe that your company is not treating this on the job injury correctly (it is a "worker's compensation" injury - neither FMLA, nor your PTO should be at issue here).

Unfortunately the long period of time between your injury and now makes your claim a little more complicated, you will want to contact a worker's compensation attorney promptly to give yourself as much protection (and medical coverage for your injury) as possible, as early as possible.

Fortunately the majority of these attorneys will provide you with a free consultation, and many will represent you on a contingency basis (they will advance the costs of litigation and legal services in exchange for a portion of your successful settlement or judgment).

You can find local attorneys using the State and Local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

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