hurt at work

[treecuttingsob]

i was hurt at work did not make boss take me to doctor i thougt he should pay me for the days missed but he didnt am i thinking wrong or right i am an hourly worker but not contract worker any advice

[ID4ster]

Why and how were you hurt at work?

[DanG]

Well to my way of thinking, if you're injured on the job you should be paid for whatever time you lost.  However there are many quirky little rules and laws that may make that questionable from a legal standpoint.  Did you ask the boss about it?  What did he say?  I would approach him first in a sorta friendly way and say something like, "I kinda thought I would get paid for the time I lost from getting hurt on your job."  My next move would largely depend on his response to that, and on how badly I needed that particular job.  If you were hurt because of poor or questionable working conditions, and they don't compensate you, you should probably be looking for another job.  If it was the result of your own carelessness or not following your company's safety rules, then you might want to just eat the loss and keep the job.  If you feel like you need to pursue it, most States have a "Wage and Hour" division in their Dept. of Labor.  You could call them and find out exactly what your rights are.

[SwampDonkey]

Here in NB, an accident report is filed by you and your employer (assuming your able to) after your taken to the hospital and hours missed are covered by Worker's Compensation. An employer with 3 or more employees is obligated to carry worker's compensation insurance. I think you need to see a doctor about the injury to get the compensation for lost hours.  Just going home probably won't get you compensation unless the employer has some compassion.

[Kevin]

We have labour law in Canada, you and your employer are governed by legislation here.
There are provincial laws and federal laws depending on what the work is.
If you are in the U.S the law could be similar or quite different.
If you are covered by workmans compensation then they would pay about eighty percent of your wages and your employer would pay a top up fee to compensate you for lost wages.

[spencerhenry]

if you are an employee, then it falls under workers compensation. both the medical costs and the lost time. if you are a subcontractor then you are on your own. there have been discussions about this topic here before. as a subcontractor you are required to do your own tax withholding, health/ disability insurance, and liability insurance. as an employee, your employer does all that.

[Corley5]

You should have gone to a Dr immediately.  Now it's your word against your employer's that you actaully got hurt on the job and not on your own time.   

[rbhunter]

When I was hurt at work they did not pay for time lost or time at Doctor or any other time they could get out of.

I had a deep cut on my arm. It was U shaped with meat and skin hanging down. I worked with a man who was a trained first responder for a fire department and he wrapped it up before I went to the hospital. The Doctor at the emergency room stitched it inside and outside and told me not to return to work that week. He was concerned with the movement in my hand and kept having me move different parts after being stitched up.

The next day work called and told me to see the company Doctor. When I saw her she told me to return to work that night. I asked why the Doctor who stitched it up wanted me to take off a couple of days and she told me to go back. She told me it was too bloody for him to see it well and I would be fine returning to work.

Later she gave me a total release at work but told me I could not bow hunt. I asked her what muscles I used to bow hunt and she was able to tell me. I asked her what I did at work and what muscles I used. She turned around and walked away. I use the same muscles depending on what job I am doing.

I no longer trust company doctors. I did not get paid for the day I missed at work either. I would think a company would pay regardless what the law says as it would be the right thing to do. One class required in college is business ethics. It is one of the few I have left. I wonder what they teach.

[Chico]

Most WC starts after missing 7 sytr8 days from work you only have a set amt of hrs to report the accident 48 in most places . It's according to the no of employees he has to whether he has to have and which state there is a website that covers each state My advice is this Is it a serious accident meaning a lot of lost time on job will it require future medical treatment If there was any witnesses to the acc . You should have a choice of multiple doctors They cannot make you go to a co doctor as your only choice. I suggest you get a signed and notarized statement and make sure and be very specific about all details. The WC is required to pay you mileage if the trips are over a certain mileage but the employer is not required to pay you for lost time going to doctor or work the only time they are usually required to pay is the rest of the 8 hr day you were injured .As you can see this a important process Take the advice of someone who has been there Take care of yourself and don't let the buddy system screw you and if the injury is serious enough for a settlement Think about using an arbitrator which most states will furnish  then if thats not satisfactory get a lawyer I know everyone thinks peole are sue happy and I agree there are some silly cases But your health isn't silly It not on;y affects you it also affects your family. I would call the WC state bd 1st thing tomorrow morning they will steer you right and write down every conversation you have with anyone about the cae if it i s as I said a serious case in which you will pursue . There are times when it's not But always get an acc report even for cut bruise whatever this protects you and your employer You from a  financial point more and him more from a legal point and also a financial one in that if the right procedures aren't followed his rates will skyroct Sorry for the Book but this is one of my pet peeves and I've seen too many peole that the boss was going to take care of let all the time constraints go by and then they get the shaft because they wanted to do the right thing
Chico

[WH_Conley]

My SIL was hurt on the job, 3 or 4 discs in his back, off on workers comp. Daughter had to have surgery, health ins advised them they were cancelled. Daughter called, lady at the health ins co was quite suprised the hear SIL was off on a workers comp claim, said employeer dropped ins on him, said he quit, no longer worked there. Does anybody know the legal aspect of this?

[Chico]

He should have been advised of a COBRA plan when the co plan was no longer going to be in effect.Diff states have diff stipulations on some ares but the COBRA deal is Federal As long as he was rec. WC they can't fire him nor would he want to quit .I think they can lay him off but unless the Unemployment is more than the WC it wouldn't really matter If I were him regardless of whether the case had been settled or not I would call Wage and hour people they have folks that are advisors of a sort and they will help him with his workers right etc Even if a case has been settled if there were any problems they can pick it back up. Don't take anybodies word for anything call the people who know They are paid to help you and they are glad to do it They don't have a dog in the hunt .There are time limitations on some things such as follow up care and reporting problems that flare up etc . Once again tell hjim to call an expert because unless he's very lucky his back will be a life long liability
Chico

[treecuttingsob]

thank you all for your input i was cuttin trees because my boss wanting to finish the job the timber is storm damaged and it was windy fell tree limb came down and hit me we should not have been workin but we was

[Jeff]

How do you get paid?  With a company check that shows with-holding for state and federal taxes, or just a check?  What I am getting at, are you actually an employee just because you call the guy boss?  I know of a couple guys that work in the woods that get a check every week that get confused when you tell them they are contracted labor.

[Chico]

Good point Jeff I meant to put that in my book but forgot ???
Chico