I have noticed there is a few similar thread on other "state" posts but was curious about this one.
My case as follows:
During the last big storm here in NM i was injured while at a job site the company picked up for a few weeks. The last day i was there it had snowed really bad the night before, i had almost called in because i was barely not able to get out of my driveway (should have taken the hint). I arrived early as always and parked near the front of the call center. i had noticed 2 employees shoveling the walkway and wondered why since most of the roads were shut down that early and saw no reason that 600+ employees would show up to a call center that wasn't to open. Of course they opened anyway.. over half the employees called in but the few that showed obviously had difficulty driving and walking to their areas since the parking lot wasn't "shoveled". As i was helping an older lady from her car to the sidewalk i had slipped and fell "banging" my shin. I hurt like i was kicked there and thought nothing more of it. i got up and finished getting her and a few of her things to the doors and sat at a desk and made a note to myself about the incident. A half hour or so passed and i felt me leg hurt worse as the minutes went by. i remember excusing myself from the other employees i was talking to and went tot the bathroom and my leg felt wrong. I noticed that there was area just below my knee and to the right side or the leg was swollen considerably. At this point i was really concerned. I called in to the main office and got the messaging service....Mr. ___ was paged. 30 minutes went by and again i called..same thing. Long story short on the injury it took them 3 hours or so to finally in not so many word to "take off". at this time i drove left footed to a friend to take me to the hospital..nothing broken, Severe contusion, was the prognosis. it took 3 months for my leg's swelling and color to go down and to this day i have a bruise and the doctor cant find a thing wrong that is causing the pain.
I was fired after going back to work for two 12 hour shifts at a site that was nothing more than sitting all night. Compared to my normal of driving/walking 10 hours shifts. but before i was fired i was offered a position that they said went along with my restrictions (not true, but i was happy to go back to work) i had to refuse the position because of my kids, i never would have been able to see them. after a week i got a letter in the mail stating "the boss" accepted my resignation. i signed no resignation. i called my boss he said continue to the site agreed upon. after the 2nd shift i was fired 3 days later (3on - 4off schedule). i was up until 3 weeks ago seen by a DR. with the same restrictions/medications at the 1st of the year. Unemployment has denied me benefits and i settled with the IC for so little because i have no money and my savings was gone long ago because they stopped payments when i went back to work at the end of April.
Still cant find work that i can do that doesn't require F/T standing or lifting. i have tried everything and i am sick of this "fire-at-will" state. I'm afraid to try and go back in the same field again because constant walking and i cant drive because of the muscle not functioning right.
ANY HELP?? Can i sue for wrongful termination even though DOL side with the employer even after 1 appeal? (don't understand that either). Is there a way to see the ALJ at a hearing instead of on the %$&^ phone?
Sorry its so long no one seems to listen to what i say, just look at the leg and see nothings wrong with it but a quarter sized bruise.