Workers Comp Filed and then Blackballed

Hi,
I work as a property manager, managing homeowner associations, and was in a car accident on my way home from a meeting one night. I immediatly called my supervisor and left a message on her voice mail. I was not severly injured in any way, but the next day my supervisor did not even approach me about the accident. The day after that my right arm became extremly sore and I could hardly lift it, I knew it was from the accident as I had not done anything physical between. I went back to my supervisor and told her my arm was hurting and believed it was from the accident. She basically blew me off. I then went to the owner of the company and told him, he also blew me off. A few hours later my supervisor came in and had me fill out a form. I asked her where to should go to get it seen and was told my own doctor. I dont have a doctor here yet, but ironically had just made an initial appt with a doctor to be seen a few weeks back for something else, not for the injury. I asked him about this the next day at my appt, and he stated due to laws, I would have to make a seperate appt for the workers comp, and also to be sure because typically companies have thier own doctor assigned they want you to see first. The next appt available with him was not for another week. I went back to work and told them, asked if they used any urgent care facility or anything,and they again blew me off and said just see my own doctor. After a week my arm was feeling better so I did not go. My concern is that, I have 6 accounts, and was in the process of being assigned more accounts when this happened, 8 accounts is a full work load and more money then minimum pay there. After this occurred, the next week they hired 4 new people, and assigned the accounts I was discussing getting with my supervisor to those new people thier very first day at work, and they did not say one word to me. I did not get any accounts until I had been with the company about 3 months and gone through proper training, as it is supposed to be. That was in November and I still have no more accounts, and they will not even talk to me, I feel like I have been completly blackballed for fiing the claim. I know from past that by law your supposed to file a claim anytime you are injured, and do not feel this is right. I can hardly bring myself to go to work in the morning because it is so uncomfortable and I feel like I am not wanted there anymore. I want to know my rights in this matter. Can you help?

Thank you,
Madison

1 answer  |  asked Jan 8, 2006 7:07 PM [EST]  |  applies to California

Answers (1)

Janet M. Koehn
several issues

being discriminated against on account of reporting a work-related injury or filing a claim is a violation of section 132a of the workers compensation act. it also may be a violation of the fair employment and housing act if you are being discriminated against on account of a perception that your are disabled.
but i also am concerned that the company did not properly memorialize your claim and that they carrier did not contact you to assign you to their doctor for treatment. their insurance may not be in order, in which case you may have to pursue your treatment differently. immediately demand to file a written workers comp claim with your employer.
you need to contact an attorney who is a certified workers compensation specialist, right away. the more time that passes, the more compromised your treatment will be.
you also should contact an attorney experienced in employment discrimination issues. some attorneys are specialists in both. you can find attorneys in your area at the california employment lawyers assn's website, www.
celaweb.org, and the california applicant attorneys assn's website, www.caaa.org.
good luck.

posted by Janet M. Koehn  |  Jan 9, 2006 12:58 PM [EST]

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