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Hurt on job ... Is my job responsible?
Anonymous7 views4 answers
I hurt my shoulder carry heavy boxes that my boss told me to carry. Two days later I went in to the hospital due to couldn't raise my left arm. I was in the hospital almost two weeks. My boss has been paying my salary while I've been unable to go back to work. After having a MRI the ortho doctor said that I do need shoulder repair surgery. Now I've been paying everything so far hospital and doctor. I went to talk to my boss to let him know that I do need the surgery. He tells me that he is going to pay me one more month then he will be cutting me loose. He has paid my salary for 3 months. So due to the surgery and the recovery they feel its to much time and they have had to replace me. if i hadn't got hurt I'd still have my job. is he responsible for the surgery or to keep paying me?
James Patrick GarrityWrongful Termination LawyerTallahassee, FL ·
If you have been injured at work, you should immediately talk to a lawyer in your state who handles workers’ compensation claims. You should not be paying for care out of your own pocket. Your employer should have insurance for that. It sounds like you have a “work injury” as defined by the Pennsylvania Workers Compensation Act. The law requires you to give your employer formal notice within 21 days after the injury. In some cases, you are allowed up to 120 days to report. A lawyer will tell you which applies to you. You should start getting checks from your employer’s carrier with a few weeks of the injury, unless they deny the claim. Those checks, in addition to medical coverage for bills, should compensate you for your average weekly wages. You may be losing a great deal of money right now.
A lawyer may also tell you whether you have a retaliation claim if your boss fires you relating to the injury.
Please – contact a workers’ compensation lawyer ASAP. And good luck! Jim.
Contact a local attorney who practices workers compensation and call the division of workers compensation to inquire whether your employer has workers compensation or not. It would seem your employer had notice of the injury so all you should do is file a claim. If he does not have workers comoensation, then you may need to pursue a personal injury lawsuit.
You need to find out if your employer is a subscriber to the Texas Workers' Compensation system. Once you know that, you can decide how you need to proceed. If your employer is a subscriber, you need to file a DWC-41 (Employee first report of injury) so that a claim can be set up.
If your employer is a non-subscriber, you will need to look at their ERISA plan to see how your claim would need to be handled. If they are a non-subscriber, you may also have a negligence claim against your employer.
