[scampbell]

My husband broke his leg while performing a work function. He is currently receiving WC benefits. The employer has indicated that they are going to suspend him without pay for 3 days upon his return to work. They claim he violated safety regulations (still yet to be proven). I thought the essence of the worker's comp. system was a "no fault" assumption. Is this only true for the employer? Does my husband have any recourse?

[jayne]

depends was he in the wrong? if he was then no he has no recourse but if he was not doing anything wrong he can talk to his union rep or sue......but in all reality he has no rights at all......sounds awful doesnt it......

[scampbell]

There is no union rep. And, he's a salaried employee. I thought the employer was exempt from lawsuit since they are registered with the BWC.....?

[jayne]

no union rep then the job can just about do what they want...there are 3 or 4 people for every job out there...was your husband doing something agaisnt regs? if he was then yes they can...if he wasnt then you can try and sue for unfair practice but all that will happen is your husband will most likely lose his job..... we the employees have no rights anymore there are more people who want and need a job then we have jobs.....you can thank NAFTA for that

[Bad Boy Bad Boy]

Here is the thing. You will need to fully explain what you stated in the first Post here;

(The employer has indicated that they are going to suspend him without pay for 3 days upon his return to work. They claim he violated safety regulations)

1. Who told your husband this?

2. What safety was violated, and why does the employer feel it was?

3. Did your husband violated this safety regulation?

4. How was he injured?

5. What part of the body was injured?

6. What state is this in?

7. Company Policy and Handbook Rules...

[Manley2]

I can tell you the company I work for has given employees time on saying the violated safety rules and our union has not been able to do a thing with it. They think it keeps people from getting hurt when all it does is stop some from reporting injuries. Employees seem to have very little rights in the work place any more, even with a union

[Bad Boy Bad Boy]

Manley, that isn't true about Unions. A Union, your Union is only as strong as it will be, by the employee's with such company. Meaning all you employee's must take a stand on those issue. You can stop things, it isn't hard. But, you have to have other employee's backing it up. If you don't have your co-workers behind the Union, then you have a Union that won't work well.

[Manley2]

We have the employees behind the union it's the international that has forgot about us. And I'm talking about the UAW. The company keeps so many people on suspended that is all they can try to deal with. I was put out of work for almost 6 months after I got injured, filed with the union and because the company told me to report back to work and the union would have to try and get my time off settled I will NEVER see a dime from it. I've been on the list for the union and the company to deal with my time off and have never been closer then 2 years away from a meeting because every month they suspend between 10 to 30 people, let them sit off for a month and then offer to let them come back with no pay if they sign a paper stating they were in the wrong. They tried this with me three time during my time off but since I did nothing wrong I wasn't going to sign any paper. That is why they told me just to report back to work so they won't have to deal with my back pay.
We had a strong union but the laws have changed and no union has any power anymore. Well very little power, I would have lost my job all together after I was hurt if it wasn't for the union

[jayne]

Bills local teamsters were worthless as teats on a boar hog......all were paid by company....teamster bosses sent on trips to hawaii and other places on pepsis dime....unions are not what they used to be...