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employer harassed me into quitting
#1
State is Colorado. I was injured at work. My employer kept assigning me to duties I could not do until I finally had to quit. I had gotten so sick at work that I spent a day in the ER, they thought I was having a stroke. Determined it was caused from my work injury and W/C was to be billed for the ER and expensive tests. Said I needed to see a neck and spine specialist. When I told my employer they said they needed to investigate it. Then they said they were told the doctors were returning me to regular duty and scheduled me for such. Somehow employer got all charges billed to me for ER instead of W/C. When I went to W/C to schedule appt. with neck & spine specialist they said they had no record of it. I had to quit because I could not perform the full duties my employer said the doctors had assigned me to. It took several weeks for me to correct what my employer had done to get me to quit and finally see the specialist I needed to see. I was not able to get anything straightened out with my employer pulling strings to keep me from the medical help I needed. Now, no job.....
 
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#2
sounds like you need to file an appeal with the comp court.
more information here
http://www.colorado.gov/cs/Satellite/CDL...8095316160
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
I don't know what I would have to appeal. I have not filed anything yet. My lawyer said that since I quit I could not get any compensation or anything, but since I was forced to quit I wanted to file something against my employer because it seems wrong or illegial that they force people to quit because they are injured at work. They say the employers are not allowed to force you to quit but they don't say what you may do if they go ahead and do it anyway. What can you do if they make you work full duties and you get worse, and they force you to do more and more, other than quit? It seems my lawyer should have told me to file something with Workman's comp. It seems they should investigate employers who cost WC a lot by making them work full duties and making their injuries worse and stand between them getting medical care so they have to quit before they can get the care they need.
 
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#4
Maybe, but there were options available to you other that quitting and that has pretty much sealed your fate I would imagine. "Forced To Quit" is open to interpretation.
 
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#5
Employers are not suppose to fire you because you were injured at work and on WC. But if they will not accomodate your duty restrictions and pile more and more work on you to make your injury worse it is like your being forced to quit. I ended up spending a day in the ER becuase of it. The ER Doctor & Specialists referred me to a neck & spine specialist. My employer called the hospital and pulled strings to where when I went to the WC office they said they had no records of anything.The employer then took me off light duty and scheduled me to the hardest duties of all without any instructions from a doctor. I was let know loud and clear that my employer was not going to allow the medical care I needed. I had to terminate my employment so they could no longer interfere with WC and my getting the medical care I needed. It seems WC should investigate employers like this. It is not fair that workers lose their jobs because they are injured at work. They can make you quit if they want to. They just pile on more and more work then when you end up in the ER they make phone calls then say they found out you were suppose to be returned to full duty instead of what the doctors said. You then have to quit and spend all of your time fighting to get the medical care you needed. It seems WC should investigate employers who do this to employers who are injured and unable to defend themselves. People should not have things like this done to them when they are in pain and suffering as it is.
 
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#6
I am slightly confused, and need a clarification. In your erlier posts you mentioned nothing about restrictions. You said the doctors (acording to your employer) released you to do your job. Now in the last post you mention having to work within restrictions. Did the doctors release with limitations? And what is your attorney telling you about that? Surely they could find out what the doctors did or did not say.
 
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#7
Please pssalazar....do you mind starting over again...I also am confused....You were injured at work..How? WHEN? what was the first thing you did? Have you filed a WC claim with the Bureau of WC in your state? Has it been accepted or denied? Are you getting treatment? have you gotten any treatment.

You quit...as Cycler said that's a problem.....being fired and being "forced to quit" are two different things.... quitting almost always destroys a WC case......that being said.....how did your employer pull strings....Illegal......If you quit then your employer did not fire you for filing a WC claim......you need Dr.s to verify that you have a work related injury and they either take you out of work completely, send you back with restrictions, or send you back as if nothing happened.....If the latter is what happened there are other Dr.s out there.....most ER DR.s don't want to get involved with WC cases and will tell you to follow up with another Dr.....very rarely do they put you out of work...who gave you the restrictions??? did you quit before or after...? I can't answer whether or not you have a case against your employer since you quit and were not terminated. Sorry.
 
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#8
My injury was/still is covered with WC. My employer was angry at 1st because they wanted me to claim it as a near miss accident, not report it to WC. I felt it was more serious and that I needed to see a Dr. I had slipped on some pipes and tried to catch myself by grabbing onto the stairs nearby, I caught a stair by my 3 middle fingers. There was a POP sensation which shot up my arm to my neck it was very painful. The Dr. assigned me light duty, no heavy lifting, crawling, climbing, etc. In PT they made me a hand & finger splint and a sling so I would not use my arm and could try to continue working. My employer assigned me even more duties. I got worse. When I complained they were working me beyond my restrictions my employer blamed me saying I had to get my fellow employees to help me if I had a problem with the work. They sent everyone on other projects so there was nobody to help me most of the time.

I was having headaches, dizzyness, blurred vision was numb on one side and blacked out at work. They were angry when I had to leave work and go to the Dr. because of this. My regular Dr. sent me to the ER. They did all kinds of tests. The ER Dr. and specialists he consulted with said I had not had a stroke as they originally thought and were testing me for. They believed my work injury affected my neck and caused the headaches, vision problems and other symptoms. Maybe ER doctors usually will not get involved in WC diagnosis but this Dr. did. He said with his referal WC would schedule an appointment with a neck & spine specialist for me. He said to go to the WC person at the hospital when they were open the next day, he would have them schedule an appt. for me to see a specialist. My wife was there and heard it also.

The next day I told them at work what the ER Dr. said and that I needed to go to the hospital to get an appointment with a neck and spine specialist. They said they had to investigate it and I had to wait for this. The HR Director, Health & Safety Coordinator and my Manager spent a long time that day "investigating" it. They said they determined I was to be placed back on regular duty. They led me to believe they had pulled some strings to have the ER Doctors referral set aside. I complained because I had not been placed on regular duty, I was suppose to go in to WC and get an appointment to see a neck & spine specialist. They said it had been changed.

They Informed me that I would have to find a way of going to the doctor on my own time, they were not going to let me go on company time. They changed my schedule to where I was placed on full duty, working nights with no help. I had not been released to regular duty by a Dr. It would be impossible for me to go to the Dr. and PT durng the day while working nights. They said it was my problem. It was up to me to figure out how I was going to get the help I needed for my restricted duties and how I would work the long hard 10 or 12 hour nights then be able to go to my Dr. and PT appts. during the day. The Dr. and places I went for PT were at least an hour away from my home. There was no way I could continue my medical treatment.

I went to the WC office at the hospital, it was just as my employer said. Things had changed. They said I could not see a specialist and have WC cover it. My wife asked a lady who worked at the hospital what was going on, she said all the ER records are processed thru her first and that she saw it plain as day that I was being referred to a specialist and my ER visit was related to my work accident. She said we must have made somebody mad at work because my employer called the hospital trying to get that changed. She said when my records left her hands they were just as the Dr. had told us. She didn't know what strings my employer pulled to get them changed after that.

It was made very obvious I would have to quit before I would be able to have the light duty I needed or I could see a specialist for my neck. My employer did all they could to interfere and prevent it. It was impossible trying to fight them. Everyone was afraid to stand up to my employer. I had to do as they wanted and resign. Trying to work harder and not seeing the Drs. or being able to go to PT only made my injuriesidworse. The lawyers say they could not help you.

There was hardly any choice other than quit. It took a long time to undo all my employer had done to prevent me from seeing a specialist or having my neck/spine considered as part of my work injury. I doubt I would be as bad off as I am now if my employer had not pushed to have me work so hard or if I'd seen the specialist when I first needed to. It has been over 12 months since my injury and 8 months since I had to quit working.

Any employer can do it If they have an injured employee and see that they aren't getting better, they have neck/spine injuries, are going to see specialists it may be awhile before they are back to normal, they can just decide the employee should quit and make it happen. The lawyers say there is nothing you can do besides quit.

Then, after you have to quit the lawyer says you should not have quit. Once the employer gets you to quit, that lets them totally off the hook.
 
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#9
Sorry but it's hard for me to follow the post but I can answer a few things. First your employer can't just decide your at full duty if you have a doctor that put you on restrictions. Now they are good at getting your doctor to remove them sometimes when they shouldn't. Not sure of the rules in your state but normally they don't have to let you off work to go to the doctor or pay you while your at the doctor. Sad but true. If you did just quit it is going to be very hard to get proof they forced you out, a good lawyer might help but I doubt it. I know this is not what you want to hear but trust me the members here only what to help you and some times the truth hurts. Your employer knows the law so much more then you did and I'm thinking that is why they did what they did. I pray that you can find a way to make it.
 
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#10
Sadly I am really sorry you are going through all this....you needed an attorney upfront....immediately.....fact is you still quit and it will not look good on your claim.....sorry.......Try talking to an employment attorney and not a WC attorney and see where you get......I cannot imagine any decent WC attorney telling you that your only option is to quit......he /she should be shot.
 
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