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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 56523
Experience:  Licensed attorney helping employers and employees.
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I am a USPS carrier in St. Charles, Mo. I have worked at

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I am a USPS carrier in St. Charles, Mo.
I have worked at the PO since 2000 became a full timer 2008 and had to transfer to a different office to get the job. I have been harassed and humiliated since then, but because I am older (now 66), severe hearing impaired even with hearing aids, and assumed to be gay, I have put up with non-stop BS from the manager and her junior mgr. It started immediately on transfer when she sentthe shop steward to tell me to wear a bra. She didn't know whether I had one on or not and my then 60 yr old body -well lets just say my gut is bigger than my going-south boobs and I wear nothing tight or revealing. This stuff has gone on in the form of screaming at me across the floor even though I informed her right away of my hearing impairment and need for hearing aids. I asked many times to look at me directly as I can read lips though not perfectly. She seems to take real enjoyment in screaming at me above the clang of the machinery knowing I cannot hear her until (sometimes) another employee will touch my shoulder and tell me whats going on. I have never received written mem0s or anything like when she makes announcements over the loudspeaker that I can't understand and the other employees face her wrath if seen telling me whats going on. I have been in the workforce forover 50 yrs and never experienced this. I am writing this because I was injured on the job in March. I thought I was having a heart attack and sought my stewards assistance. I am told I was gasping for air, sweating profusely, and doubled over in pain holding my left chest. The steward said she asked me if I needed an ambulance 4 times and I said "no, call my friend April" I thought I was dying. The steward and a junior mgr took me outside to sit at a picnic table to wait for my friend April. They said they didn't fill out any incident report because "we all thought she was having a heart attack and that is not work related". April arrived and threw me in the car and rushed me to the nearest hospital where the Dr.'s thought I was having a dissecting aneurysm or heartattack and was immediately admitted to a cardiac monitored floor for every test under the sun. I told them I was doing my usual work before mail delivery which is sort mail, packages, bending stooping lifting. I had been at work >2 hrs when this blinding pain occurred. I was put on IV Dilaudid and then IV Morphine which minimally controlled my pain. I went to the hospital 3/13/15 and by 3/16/15 was feeling no better and still getting heavy duty narcotics and more tests. The Dr. came in about noon 3/16/15 and said I was being transferred to a surgical floor to "work-up" me for a gut or kidney problem since the cardiac stuffwas all negative. April (a retired RN) suggested that another chest xray be done as the one done immediately upon admission was a portable chest Xray which sometimes are less than desirable. The Dr. grudgingly agreed and order this even though a cat scan with contrast had been done in the ER because they thought I had a dissecting aneurysm. I obtained my medical records and they clearly indicate everything. About 4 pm the DR. rushed in and said "You have a fractured left rib" I was discharged within 3 hrs, told to take pain meds, rest with increase activity as tolerated, off work 2 weeks, and f/u with my primary dr, in week or so prior to going back to work. I was still in a great lot of pain as well as sedated so April called Human Resourses to see what papers needed to be gotten for Workmans Comp. Shared Human Resources said call Main Human Resourses (higher up the foodchain) which she did and made the suggestion that any business should have a protocol for employee accidents, injuries, illnesses, etc. Within 12 minutes my boss was on the phone demanding to speak to my friend starting with "We have a problem" April asked who she was and what problem was being referred to. My friend isn't easily intimidated. My boss told her to put me on the phone and told April to tell me to get in to work because no incident report was filed. April told her I was sedated and in pain and wasn't going anywhere, just mail it. She said never mind I don't want to talk to her anyway. You just tell her when she comes back, that she can expect A PDI (disciplinary written action), a meeting with the Postal Inspector for unsafe job habits among other threats. She then attacked April (This was all on speaker phone) about calling Main Human Resources and saying the PO needed a protocol, and that I would never "see a dime" of workmans Comp. because I couldn't say what specifically caused the injury. She then
regaled April with tales of her experience as a cardiac patient and that she had been hauled out of the PO promptly several times by prepared employees. April responded to the effect "So am I to assume that the postal carriers are really cardiac physicians who diagnosed you as well as they had my friend, or does only management get appropriate emergency medical treatment? If she (meaning me) had been having a heartattack, dissecting aneurysm or whatever that she would be dead now because your cardiac expertised carriers had already diagnosed her and did nothing, determined since it wasn't job related, nothing needed to be done?" The boss hung up the phone. April called the local shop steward who said "well she refused an ambulance 4 times, so its not my fault" April responded "Who in the hell listens to a sick person, perhaps in shock or even dying, you do what your gut tells you to do" Anyway, the Dept of Labor did approve me as a traumatic work injuryand the f/u withmy primary dr released to light duty. When I went into work with a small firm pillow to hold my ribsa jr. mgr offered me a chair with arms. The boss screeched she didn't have a "prescription" for a comfortable chair with arms and replaced it with a straight back armless wood chair. She also advised me that I couldn't have water by me , even though its allowed there. (Because I might fall over it" And that I could pee on a break only "because I might fall over it" that I couldn't do light duty like stamping envelopes "because I might fall over it" Instead of sittiing in the kitchen or at a desk which is normal with restricted duty employees, she made me sit in the aisle where equipment is moved and anyone who spoke to me was reprimanded. All I needed was the dunce cap. This is a multiple daily occurrence. She also had a USPS inspector in to tell me the consequences for defrauding the federal gov't by faking an injury. All I want to do is work. I like my postal customers. Can you help me, or recommend someone in this area or at least tell me if I have a case? Thank you for listening. If you respond, pls respond to muggze1@ att.net
Submitted: 2 years ago.
Category: Employment Law
Expert:  Infolawyer replied 2 years ago.
Hello, You have a few options. Let me outline them. You can pursue a complaint in civil court. You may sue for losses suffered plus costs and interest. You can also file a complaint with the attorney general office. You can threaten these options before pursuing and use for leverage. local counsel can also get involved! The eeoc is a federal agency charged with reviewing discrimination complaints. www.eeoc.gov is its site and you can pursue a complaint using it. martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options. Good luck. Kindly rate the answer OK or higher.

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