10-20-2009, 10:32 PM
I'm in Florida.
Hi all.
I have been working for four months at this place as a transcriptionist. Almost two weeks ago, I was working and all of a sudden my shoulder started hurting uncontrollably. The place where I work doesn't let you just take off hours, so I informed them that my shoulder started hurting really bad and asked them if I could go home and come back later to see if it felt any better. I come back and start typing, and it still hurts really badly. I tell them that I can't work because of my shoulder. They tell me that I need to get a doctor's note, or I have to work my hours because they won't excuse it unless I get a doctor's note. Ironic, because they don't offer insurance or anything like that, so it really was a catch 22. I went in to make up an hour the next day, and the same thing happened, so I told them I can't work because of my shoulder. I took a few days off, and it still wasn't any better, and I went to a doctor...which thankfully didn't cost too much. I still don't know what's wrong, but almost two weeks later and it's actually gotten worse. I literally cannot do anything with my arm. I feel like screaming the pain is so bad. I think it's a torn rotator cuff, but I haven't gotten that confirmed yet.
So here's the thing. The place where I work doesn't have any worker's comp -- the office manager actually kind of made fun of me for possibly tearing my rotator cuff from typing...although the wear and tear of it over a long period of time can do it though.
They consider me to be an independent contractor. They pay me by the job. I set my schedule, but the schedule I set I am locked into. I cannot change it after two weeks in advance. I have to go there to work. They provide the computers, chairs, work spaces, etc. It's their office. They provided me training while starting out. They have at least 50 "IC's", probably more.
My question is...legally, do I have any ground to stand on? Are they incorrectly classifying me as an IC? I think what happened was I was on a chair that was a little low, because all the chairs are different -- it seems like there's no standard, and the chair wasn't adjustable. They never told us anything about safety, about how to sit properly, how to use proper posture, etc. I always thought I used proper posture, but when you're sitting there for 6 hours at a time, it's difficult. Again, until I get confirmation from the doctor I don't know...but I'll probably have to get an MRI to get a diagnosis, and I don't have the money for that...
Thank you for taking the time out to read this.
Hi all.
I have been working for four months at this place as a transcriptionist. Almost two weeks ago, I was working and all of a sudden my shoulder started hurting uncontrollably. The place where I work doesn't let you just take off hours, so I informed them that my shoulder started hurting really bad and asked them if I could go home and come back later to see if it felt any better. I come back and start typing, and it still hurts really badly. I tell them that I can't work because of my shoulder. They tell me that I need to get a doctor's note, or I have to work my hours because they won't excuse it unless I get a doctor's note. Ironic, because they don't offer insurance or anything like that, so it really was a catch 22. I went in to make up an hour the next day, and the same thing happened, so I told them I can't work because of my shoulder. I took a few days off, and it still wasn't any better, and I went to a doctor...which thankfully didn't cost too much. I still don't know what's wrong, but almost two weeks later and it's actually gotten worse. I literally cannot do anything with my arm. I feel like screaming the pain is so bad. I think it's a torn rotator cuff, but I haven't gotten that confirmed yet.
So here's the thing. The place where I work doesn't have any worker's comp -- the office manager actually kind of made fun of me for possibly tearing my rotator cuff from typing...although the wear and tear of it over a long period of time can do it though.
They consider me to be an independent contractor. They pay me by the job. I set my schedule, but the schedule I set I am locked into. I cannot change it after two weeks in advance. I have to go there to work. They provide the computers, chairs, work spaces, etc. It's their office. They provided me training while starting out. They have at least 50 "IC's", probably more.
My question is...legally, do I have any ground to stand on? Are they incorrectly classifying me as an IC? I think what happened was I was on a chair that was a little low, because all the chairs are different -- it seems like there's no standard, and the chair wasn't adjustable. They never told us anything about safety, about how to sit properly, how to use proper posture, etc. I always thought I used proper posture, but when you're sitting there for 6 hours at a time, it's difficult. Again, until I get confirmation from the doctor I don't know...but I'll probably have to get an MRI to get a diagnosis, and I don't have the money for that...
Thank you for taking the time out to read this.