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Fired for Work Related Injury
#1
I recently got a job cooking at a new Red Robin which opened up a week or two ago. One night I was helping a girl take the trash out because she could not lift the bag. I put it halfway into the dumpster and grabbed the bottom to push it the whole way in, the bag ripped dumping trash all over me and slicing my thumb. I needed stitches. I was a few minutes from clocking out and the manager told me we would fill the paperwork for workers compensation the next day when I came in. I went to the hospital and got 6 stitches in my thumb. The next day I went in around 330 to Red Robin and filled out the incident report, etc, he made me date it for the day before and sign it. I never have been through all of this before so I did what he said. I was told i needed to take a drug test within 24 hours of when the incident happened (which meant that day). Unfortuneatly I dont drive and the place closed at 5 so I was unable to make it there in time. I did not work that night due to my thumb being sore. The next two nights I worked at the Red Robin (nothing being said about the incident). I then went to work 2 nights later and worked the entire shift and at the end was fired due to not taking a drug test for worker's comp. I was very dissappointed. I was wondering if they are able to do this and what my options are. ANY HELP IS APPRECIATED!
Thank you!
 
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#2
Sorry to hear about your troubles. Don't remember anybody talking about this problem but I'm thinking it would be your responsibility to get to the drug test. If that is the case then I would think that firing you would be in line with the rules. Again I'm not sure of the rules in your state but also posting your state will help others to give you a better answer. Somebody should be able to give you a better answer so hang in there.
 
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#3
(04-16-2011, 06:09 PM)Manley2 Wrote: Sorry to hear about your troubles. Don't remember anybody talking about this problem but I'm thinking it would be your responsibility to get to the drug test. If that is the case then I would think that firing you would be in line with the rules. Again I'm not sure of the rules in your state but also posting your state will help others to give you a better answer. Somebody should be able to give you a better answer so hang in there.

I also want to add, that I work 2 jobs, cook for applebee's 9-3 or 4 from wednesday to sunday and I worked there from 4-C every thursday to sunday, so my time is very limited especially on weekends and they knew this. I also heard that they are supposed to give you a ride if you cannot provide one yourself. Im not sure... Thanks though
 
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#4
I have worked in retail mgnt for 30 plus years. You were not released because you had or filed a workmans comp incident or accident. If the company policy is that you take a drug test within a certain frame, and you either signed a copy of the handbook or it was made known to you that you were required to take the drug test, and you did not take the drug test then the company were within their rights to dismiss you for not following company policy. It is not there responsability to drive you or transport you to and from work. What you should of done is request the drug test form at the time you first went for treatment, and had it done when you first seeked treatment. Does that make since to you. You could pursue unemployment but the state would probably disallow your claim since it was made known that you were required to take the drug test within a certain time frame and you did not. I have been to many unemployment hearings for the companies that i have worked for and the state has always allowed for the company when it has informed the employees of all company policies, and they were not followed. But your workmans comp will follow you and you will get treatment for your injury.
Cervical Fusion 2003, c5-c6. Herniated and damaged Disc L1- L4-L5 S1. Lumbar Spinal Cord stimulator implant 09-2008. Cervical ACDF revision with hardware c4-c5-c6-c7 Sept 2009.
SSDI approved 3-2010. NOW OFFICIALY RETIRED
 
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#5
What state?
 
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#6
If you wen to the ER, then they should have performed the test there. When I had my injury in January. We had some bad winter weather, and they never cleared our parking lot of the ice and snow. So I slipped on some ice and slammed my head on the concrete a few times. I took two urine drug tests and one blood test. I have two doctors, orthopedic and neurologist. The ortho siad from an orthopedic stand point. I could return to light duty, but the neuro says no. He has been putting me on all kinds of anti-seizure meds, narcotic pain killers, and sedatives. Nothing has worked but made me absolutely miserable and not woth anything. They company posted my position to be filled. Once they filled it. They said that the treating physician relaesed me over a month ago, and I have abandoned my job. So they informed me over a month later that I was terminated.
 
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#7
I wasnt given or told i needed a drug test before or during the visit to the er the night it happened....i was told the next day an hour before the drug test place closed and was told i had an hour to get there before it closed so like they really screwed me over its in pennsylvania/ which i heard is an at will state so they can fire me for whatever pretty much haha oh well
 
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#8
Believe me, I completly understand your situation. I am in Georgia that is also an at will state. My company decided to fire me a long time ago. After they realized this was going to cost them. The dirty trick that they used was to get a orthopedic as a treating physician, and made the reccomendation to return to work on light duty from a orthopedic standpoint(Neuro disagrees). So anything the Neurologist said or reccomended went out the window. I am really up the creek without a paddle. I will lose my personal health insurance that I need right now. They cutt off weekly benefits and medical treatment. I have complied with everything. The Neuro keeps drugging and frankly do not how I function at all most of the day. I have made the decision to ween myself off of the meds as best I can. Hope ist does not kill me, hell the meds are already doing that. I asked my attorney to request an IME with the Board. This way we all have to accept what that doctor says. This is be a slam dunk with the IME. Finally a reall opinion that the insurance company cannot manipulate.
 
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#9
In PA this type of firing would not necessarily be a bar to workers' compensation benefits. At a minimum you can get your medical covered, and if there are any restrictions resulting from your injury, you may also be able to obtain wage loss benefits.

(04-21-2011, 03:54 PM)js0810 Wrote: I wasn't given or told i needed a drug test before or during the visit to the er the night it happened....i was told the next day an hour before the drug test place closed and was told i had an hour to get there before it closed so like they really screwed me over its in Pennsylvania/ which i heard is an at will state so they can fire me for whatever pretty much ha ha oh well

 
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