When I was injured my kitchen mnger was right behind me, he didn't even ask if I was alright, he hurried over and picked up the display case door and put it on a table then said "where's my duck tape" then walked away, the mnger and another employee duck taped it and stappled it and he put it back up, then unlocked the door to let customers in, and walked away. He never called my husband to inform him of the injury, I hobbled over to the register to take care of customers I didn't know what to do so I called my husband and he told me to go to the mnger and ask him to look at my foot, the mnger looked at my foot and said "Oh it's just bruised you'll be alright" I was wondering if I could sue the company beside W/C for horrassment, bias treatment, neglagence. The W/C dr's I went to released me to go back to work the same day and didn't even offer crutches to me, like I said it's been over 6 months and now I have found out recently that I have Nerve damage in my foot, I feel it is because of unfair treatment from my employers and also neglegence of there Dr's. What can I do now? Thank you for any advise, truly!. I'm in the state of California
you can sue a third party if they were involved e.g. defective signage or other things that might have contributed to the accident.
yes you can sue for harrassment and or discrimination.
you cannot sue for negligence.
you can also sue for medical malpractice.
there are attys that specialize in bringing discrimination law suits and others for malpractice.
contact one of those specialties.
generally you have to have good evidence & proof (reports, documents, medical opinions, witness statements etc. and also serious high cost injuries to make the time and effort worthwhile.
while every act of discrimination or negligence is illegal not every one has serious enough consequences to the injured to warrant use of the limited resources of the court and legal system.
Hi sunshine...I had my manager at the time of my first back injury tell me to put a bandaid on it and get back to work. I worked for the next 5 months in pain and finally my leg gave out. I had filed the original WC claim the day I was told to put a bandaid on it and called them back 5 months later when I was put out of work and told I had two herniations and nerve damage. I returned to work 18 months later fully healed only to injure again 7 years later.
There is no harassment, discrimination, negligence. When a person becomes injured, even if witness was present, such injured worker must ask to fill out a first injury report, and ask to be sent to the doctor. If the injured doesn't follow protocol, the manager doesn't have to do anything.
When my wife was hurt at work she called me because her boss said she was okay and just suck it up. I told her to tell him she was injuried and needed to see a doctor, if he did nothing to leave and go to the hospital or call an ambulance.