I am on a Personal leave of absense from my job, because of a back injury that occurred at work?
I hurt my back last December on the job. I informed my manager at the time and continued to do my job as we were in the middle of a remodel. Recently my Area Manager threatened to fire me if called in or left early because of my back one more time. I told him that this injury happened at work last December. He suggested that I take a leave to get my life in order. I’m seriously looking into changing careers.
I would like to know my rights in this situation.
In most states your employer is financially responsible for your injuries if they occur on the job. Your employer is not treating you correctly. Look up the laws for your state on the Internet and file a complaint. There is a chance such an injury could be permanent and you REALLY need to make sure your rights are protected.
Unless you filed a Worker’s Comp. claim (not just informing your manager…did your manager fill out any paperwork for a work related claim? They should have, but may not have if you did not insist) at the time of the injury and received immediate medical attention afterwards, it will be very difficult to pursue a claim now and prove that the injury is work related, especially as you continued to work your regular job with no medical restrictions after the the alleged injury.
You could contact your local Bar Association and get a list of personal injury/Worker’s Comp. (many States have limits on Worker’s Comp. claims) lawyers that take cases on a contingency fee basis. Be ready with the facts and any documentation at your initial consulation and the attorney will be able to let you know if you case is worth pursuing or not (if not, they won’t take you on as a client).
Changing careers does sound like a good idea if you are having problems performing in your current line of work for any reason.
Why stay at an employer that you have gone above and beyond to help them meet their goals? There are employers out there that to appreciate employees like you with a strong work ethic to get the job done no matter what and will reward you for your efforts.
Keep in mind you cannot collect unemployment if you are claiming to be “disabled”. However, your unemployment office would be a good stop for you to check into to find out about job training in other fields; many states have workshops that have highly qualified counselors to assist you with your job search/career change and can even help you find financial assistance if the career you want to move into requires additional schooling at at vocational technical college or even a 4-year degree program.
FILE the first report of injury claim for WC benefits with your
employer. Get the medical attention as required from a Dr they send
you to, or if permitted a Dr of your choice. There is a statute of
limitations in FL, you are well within that timeframe. Info on WC
in FL is here you should be on a WC medical leave, receiving TTD
benefits/wage loss, not a personal leave.