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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12790
Experience:  Significant experience in all areas of employment law.
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I have been suspended from my job since November 1, 2016. I

Customer Question

I have been suspended from my job since November 1, 2016. I work for Tempur-Sealy as a quality inspector for Stearns & Foster beds. On this day, I was shot by a nail gun from 12 feet away which imbedded into my left ear from another worker. I suffer from extreme PTSD which H.R. has a copy of that I had given to them. After I was struck, I pulled the nail out and lucky for the sharp points did not impale inside my ear. well I had a flashback and became angry at the person threaten to hurt him as I was enraged. I made the mistake and threw my tag gun at the person and missed but it skipped on the ground and struck another person in the leg which bounced off. It barely tapped him. So my manager responded and soon after I was verbally informed that I was suspended and they would call me. I received a call from H.R. who said that they wanted to send me to a Psych doctor to make sure I was ok to work and pose no danger. So far nothing! I am 80% disable combat veteran and now struggling to make ends meet. I know for a fact that their is no training documentation for those workers whom work with the nail guns. There is no safety measures to prevent nails from hitting me as I work the inspection line. can OSHA get involed, what can I do?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Plainfield, Indiana
JA: Is the employment agreement "at will," union, full time or part time?
Customer: It is fulltime and I guess at will.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I guess not as this is all the information I can give you plus I have no documentation from Tempur-Sealy in regards ***** ***** suspension and investigation.
Submitted: 10 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 10 months ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

Expert:  Patrick, Esq. replied 10 months ago.

If you sustained a physical injury (and it sounds like you did) you can file a workers compensation claim. You just want to make sure to notify your employer of the injury within 45 days of the incident and fill out this form to get the process started.

You can also file a complaint with OSHA to have them investigate your employer's practices with respect to training employees to use nail guns. Your employer will be penalized by OSHA if OSHA finds that they are not following proper protocol. Filing an OSHA complaint is a legally protected activity. This means your employer will be legally prohibited from retaliating against you, and any adverse employment action which you can link to the filing of your complaint with give rise to its own legal claim for damages.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Expert:  Patrick, Esq. replied 10 months ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.