California Worker's Compensation - Help For Injured California Workers

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  1. #1
    Join Date
    Sep 2009
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    21

    Question Injured at Walmart

    I was injured at my job at walmart in California and denied medical treatment for 5 hours. I was told because I didn't say "emergency" in my request for treatment, that was why I was not taken to the hospital and asked to wait until their doctors office opened. I work graveyard. I have an attorney but just received a letter from him stating that he is only representing me for the work comp case, not for harassment/threats from walmart,not for loss of hours, not for pain and suffering due to delay in treatment, only the work comp case. I am continually being called into the office where there are 2 or 3 managers advising me what my TAD is or what Walmart policies are, i.e. "this is at will employment." When I advised them I wanted my own witness to the constant "meetings", I was sent home without pay. Now I've returned to work on TAD and having a lot of issues with the injury. When I stop to ice the hand, I'm told by the manager to return to the sales floor or go home. Where can I go for help? I am literally living less than paycheck to paycheck and can't afford any up front expenses. Thanks for any help

  2. #2
    Join Date
    Jul 2008
    Location
    California
    Posts
    1,898

    Default Re: Injured at Walmart

    http://californialaborlawattorney.com/

    Hi debborah,

    You can go onto google, and search for California labor law attorneys, one example is above.

    I recommend reading this link as well. http://www.workerscompensationinsura...ad.php?t=33769


    You can also contact the Department of Fair Housing and Employment and the California Labor Board, they may or may not be able to help you, with the retaliatory actions these idiot Wallmart managers are having against you.

    Your work comp attorney is correct; they do not represent you for pain and suffering etc. They are limited as to what they can represent you for in the California work comp system. However your attorney can file a 132a, for the retaliation tactics.

    Start documenting these actions by your managers. Write down the date and time, what occurred and if any witnesses were around.

    From what I have read on the internet, WallMart does not treat their employees well during a WC claim. I will not shop there for this reason.

    Try to stay strong during this. Do not quit your job. You are not alone.
    Last edited by kelly38; 09-15-2009 at 10:40 AM.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Injured at Walmart

    I'm not clear where you are getting ''pain and suffering'' here... comp doesn't provide for those monies in any settlement. A delay in treatment is not ''pain and suffering''....

    If your employER cannot make the reasonable accommodation to light duty as per your doctor/PTP restrictions...then go back to the PTP and get a certification for TTD/temp total disability benefits until you are able to return to work.

    If you are not satisfied with your AA/applicant atty, change, or file a substitution of atty and name yourself as pro per and do this yourself with the assistance of a Information and Assistance officer at the WCAB.

    You haven't really provided enough info to tell what your problems are at this point.

    Don't know what "TAD" is... something internal to Wal-Mart appearantly.
    When I advised them I wanted my own witness to the constant "meetings", I was sent home without pay.
    Filing a claim for benefits under your ER's plan for industrial injury does not provide job protection. If you are eligible for FMLA, that is something that would protect your job, and ER provided beneftis up to 12 weeks/per year.

    I was injured at my job at walmart in California and denied medical treatment for 5 hours. I was told because I didn't say "emergency" in my request for treatment, that was why I was not taken to the hospital and asked to wait until their doctors office opened.
    Actually that is reasonable. If you felt the immediate need for treatment, you should have requested assistance to the emergency room at the nearest immediate care facility, or hospital. Work injuries are serious, but no one can read your mind.

  4. #4
    Join Date
    Sep 2009
    Posts
    21

    Default Re: Injured at Walmart

    So my modified work is 0 lifting, pushing pulling reaching and they want me to come in and sit at customer service for 8 hours, remember I work graveyard shift. Don't do anything just sit and stare at the wall, this isn't modified, this is punishment, so I said, I'm not abandoning my job but I am not sitting at customer service for 8 hours, it's not modified work. Am I ok that I left?

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Injured at Walmart

    Don't do anything just sit and stare at the wall, this isn't modified, this is punishment, so I said, I'm not abandoning my job but I am not sitting at customer service for 8 hours, it's not modified work. Am I ok that I left?
    Your ER is providing modified work/light duty that fits your restrictions...(what else would one do at Wal-Mart that does NOT include any lifting ?) As you have declined that work... you are not entitled to wage loss benefits...TTD will stop. You are required to only perform work duties that are within your restrictions... not determine what job you are going to do. If you want to continue to work graveyard, you could be transfered to a story open 24/7. Did you request that 'reasonable accommodation' ?

    this isn't modified, this is punishment,
    You say you cannot work due to your injury, your PTP says ''no lifting'', you are still receiving your full wages.. yet you want to be the one who controls your claim. That isn't going to happen. I'm afraid you are going to see a change in your status.

  6. #6
    Join Date
    Sep 2009
    Posts
    21

    Default Re: Injured at Walmart

    My question is can they ask you to just sit on modified work duty. It's not work it's sitting.I need help here. Even the manager on duty agreed.

    I'm not receiving any pay at all, the insurance company is dragging this claim out. Remember it's Walmart.

  7. #7
    Join Date
    Jul 2008
    Location
    California
    Posts
    1,898

    Default Re: Injured at Walmart

    Yes they can make you just sit there. A friend of mine is going through the same thing, at another company.

    If you quit, you are not eligible for unemployment or TTD benefits (if you are later taken off of work by your doctor).

    I recommend you make every effort to return to that job.

    I know that this position sucks, but try to stay strong and tough it out.

    Your employer would love it if you quit, this will limit their liability.

    Do you have an attorney? If you do not have an attorney, I recommend consulting with a few work comp specialists.

  8. #8
    Join Date
    Sep 2009
    Posts
    21

    Default Re: Injured at Walmart

    I have an atty but his response is always sooo slow if at all. I know you're going to say find a new atty.

  9. #9
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Injured at Walmart

    I'm not receiving any pay at all, the insurance company is dragging this claim out. Remember it's Walmart.
    If you are showing up for work, punching a time card, or not, you are DUE your wages. Period. Wal-Mart or any other employer... doesn't matter. And IF you present to just 'sit there', and you are not being paid... go to EDD and report them. It is against the law not to pay anyone for work performed.

    There are NO ''greeters'' at Wal-Mart that are not being paid, I guaantee you that. It is illegal !, and not happening.

    My question is can they ask you to just sit on modified work duty. It's not work it's sitting.I need help here. Even the manager on duty agreed.
    Yes...YES they can just let you sit there... it's called a 'greeter', and basically a security position. As long as your ER is providing you with modified duty, you are required to participate. If you don't you're benefits will stop.,

  10. #10
    Join Date
    Jun 2007
    Posts
    344

    Default Re: Injured at Walmart

    You have a choice here. You can sit at WalMart and receive a pay check or sit at home and not get anything.

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