Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

i believe i suffered a injury 40 hours ago , even do i havent

go to my general doctor...
i believe i suffered a injury 40 hours ago , even do i havent go to my general doctor , i seroiusly believe i am injured , it happened at work . my obligation was to report it immediately to my imediate supervisor and i did so , and he did not file any report on that incident , i just remind him again today at work , and he just offered me an ibuprofen pill. i have the filling that i have a back injury , but i havent go to my doctor yet , because , one of my coworkers told me that if i dont show up at work , calling and saying that i dont feel good to work and i tell them that i feel more on pain , they will makle it look like this happened outside the job , so , can you advise me on what are the real legal steps to make this right ? because it looks to me like they are trying to just cover up the incident , and do nothing about it .it may be that i am seriously injured .....
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 46 minutes by:
10/21/2013
Legalease
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16,388
Experience: 13 years experience in employment law, unions, contracts, workers comp law
Verified

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?

--

MARY

Ask Your Own Employment Law Question
Customer reply replied 4 years ago

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.

-

Please let me know if you have further questions or you need further clarifications here. If you have no further questions, please press the 3rd, 4th or 5th smile face below so I will be paid for my time. I am paid NOTHING unless you press a positive rating below. Doing so will NOT cost additional money - it simply acts as the "trigger" to Just Answer to pay me for my time in assisting you today.

-

THANK YOU VERY MUCH !!!

-

MARY

Legalease
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16,388
Experience: 13 years experience in employment law, unions, contracts, workers comp law
Verified
Legalease and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask Legalease Your Own Question
Legalease
Legalease
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16,388
16,388 Satisfied Customers
Experience: 13 years experience in employment law, unions, contracts, workers comp law

Legalease is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I was pulled for a drug test after an accident at work it
I was pulled for a drug test after an accident at work it showed a false positive before it was sent to lab for further testing is management aloud to discuss any of those findings either way with oth… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I had an accident at work and broke by hand Im under workers
Hi - I had an accident at work and broke by hand Im under workers comp being treated by a workers cop doctor that has not been able to release me because of my medical condition. Is it legal for my em… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I had an accident at work that caused my employer to replace
I had an accident at work that caused my employer to replace a windshield. It was not negligent it malicious. Just an accident. My employer is now saying I am going to have to pay for the parts and la… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
What type of information is an employer required to include
What type of information is an employer required to include in a document asking for a physician's opinion on returning to work after a car accident (non work related)? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If a person tested positive for a drug test after an
If a person tested positive for a drug test after an accident at work, however it's been over a week since the test and the employer hasn't said anything and the person is still working, and they have… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
I was injured in a car accident while working, just after I
I was injured in a car accident while working, just after I signed a paper stating my intent to go part time on April 23 due to changed staffing needs. This followed a extended leave for surgery, on F… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I was in a accident at work last Thursday, not hurt real
I was in a accident at work last Thursday, not hurt real bad, just banged up pretty good...my question is this....I live in Oregon and I did not sign the workers comp form at the hospital, the company… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was in a car accident during work, and suffered a
I was in a car accident during work, and suffered a concussion and tmi as a result but the workers comp doctor is saying that because I was in an accident when I was 4 yrs. the damage is from then. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I had a mishap at work with a forklift. No damage to
I had a mishap at work with a forklift. No damage to anything. I was sent for a drug test and passed. Three weeks later I bumped a guardrail with a forklift, (again no damage) and they sent me for ano… read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
My brother was killed in an industrial forklift accident
My brother was killed in an industrial forklift accident while working for a Mega company in 1998, I have just found some overwhelming evidence that would support a wrongful death lawsuit. His daughte… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I'm closing my S-Corp some time in the next few months due
I'm closing my S-Corp some time in the next few months due to a couple major setbacks that happened of the last year.1) lawsuit causing us insolvency 2) I have sustained an back injury in a car accide… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I had an accident at work in march of this year, can i still
i had an accident at work in march of this year, can i still file a claim? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
An employee got in a car accident while working for us(his
An employee got in a car accident while working for us(his fault) . I would assume that claims would go under workers Comp? Correct?The employee is still off work and I do not think he will return. We… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Workers comp questions: I was involved in a car accident
workers comp questions: I was involved in a car accident during working hours, going from client to client. my employers insurance comp, from where can they get records or information from? there was … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
If he is not available please refer my question to a
If he is not available please refer my question to a Pennsylvania workmans comp/auto accident attorney. Thank you. Hello, I live in Pennsylvania and I receive workman's compensation (please bear with … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was demoted for a 3rd disciplinary with 3 day suspension.
I was demoted for a 3rd disciplinary with 3 day suspension. I handle all employee appointments and ER visits. This has made it impossible to get all my work in the office done. I stated it was unfair … read more
Attorney2020
Attorney2020
Lawyer
2,480 satisfied customers
If I am out of work few weeks, because of a medical
If I am out of work for a few weeks, because of a medical procedure do to an injury. What is the difference if I put in a claim with workers comp or my personnel medical insurance? How will it effect … read more
hrpro37
hrpro37
BBA
103 satisfied customers
I was involved in an on the job accident at work in 2003 and
I was involved in an on the job accident at work in 2003 and was out of work for 2 years 2005. After Returning in I found that it was getting more difficulty working with the pain that I was having du… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x