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I injured my self on the way to work, I work the day of and…

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I injured my self...

I injured my self on the way to work, I work the day of and following day! Then had weekend off! I then went to hospital the following Monday, do to my injury (ribs)seamed to be worse! Was cleared for returning to work that following Wednesday with Dr. Note saying I was not to return until then, but for got to say with restrictions (lite duty)! I told lead foreman and the floor manager that I was to be on lite duty! They didn't care, if it doesn't say it then to bad! They made me work the hardest and most intense labor jobs we have! Question: Can I still quit and get my unemployment benefits, and or sue for unsafe work place?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Grants Pass, Oregon

Lawyer's Assistant: Has anything been filed or reported?

No

Submitted: 5 months ago.Category: Employment Law
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Answered in 3 minutes by:
3/8/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 5 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,625
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

You can't sue for an unsafe workplace without the doctor's note stating you could only do light duty. If the doctor's note was wrong, you should have left the place of employment and went to the doctor to obtain the correction rather than working the shift and jobs they asked you to.

As for quitting and getting unemployment, with a single incident of this nature, no. To be able to quit and get unemployment, you have to establish a number of issues in the workplace, show that you attempted to address them with the employer over time with the threat of your quitting if they didn't correct the issues, and then you could do it. It is very difficult to quit and get unemployment.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 5 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care, have a great day and please don’t forget to rate my service.

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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).

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