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wut to do? Kentucky

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  • wut to do? Kentucky

    On Friday, April 16 my husband was driving a yarddog (which did not have a back window in it) and an air pressure hose came off the trailer he was pulling and "sling shotted" into the cab of the yarddog busting my husband in the back of the head. He suffered from a concussion, bruising and post traumatic stress. He begged the doctor to let him go back to work on the following Wednesday becasue he did not want his boss to think he was "milking it" or was going to try and get a lawsuit of any sort... (which obviously we would have been able to do considering he was in a very unsafe environment.) My husband loves his JOB and his co-workers on the floor, and he wanted to prove it by coming back so soon. So he worked on Wed. and Thur. Then on Friday he wound up getting admitted into the hospital for the weekend when he went to get his staples out due to his post traumatic stress and the dr.'s beliefs there may be some psychological issues due to the blow to his head. During his time off his employer informed me it was basically my job to get everything set up for Workers Comp and anything else he could possibly be eligible for during this time period. After making a thousand calls and not getting anywhere because Work Comp said they needed info from the employer and his work was saying for me to call work comp back and say this and that, we finally consulted with an attorney. The attorney made one phone call to a "middle man" type of person between work comp and his employer. The attorney only asked why my husband had not recieved anything yet and within an hour of us leaving his office almost everything was set up and my husband had a check on its way. A couple days later his boss calls and wants us to come in for a meeting. Come to find out the reason we had not recieved a letter, check or anything is because the only thing his employer ever reported was the accident itself. They never let work comp know he was off work one day let alone almost a month. And better than that, they never peported it to OSHA or DOL or no one. They had taken three of his vacation days for the first 3 days he had not worked and did it without his consent. My first question is is that even legal? Then they were like detectives tryin to get a felon to break down and convince something. They kept tellin him they would never screw him over and were only thinkin bout wut they thought we would need, and they hated it he was stressing that when he came back to work everything would probably fall back into routine and he would be fine and blah blah blah. Its like they were cornering him to try and make him feel bad for going above them. May 13, yesterday, my husband finally returned back to work, nervous as could be about what was going to be said. Yesterday and today not one single person besides his friends have said a word to him. Not his boss, the other managers, people in HR, no body has said they were glad to have him back, or asked him how he was feeling, no apologies have been made to him for anything that has happened, and now my husband is worried to death they are mad at him for some reason and are looking for a way to fire him. He has been promised several promoting positions and was never given one. The positions are always filled by his son, nephews or good friends of his family, yet they won't allow my husband to work in a different department because his mother works over there. What can be done about this? Can this be considered a hostile work environment, or discrimination or what? I am so sick and tired of them doing this do my husband he is a good man and a hard worker trying to support MY 3kids and me.

  • #2
    You may want to edit your post into paragraphs to make it easier to read.

    Nothing you have posted reaches the level of hostile work environment. Nepotism is legal so if the mgr decides to give a job to a family member rather than your husband, nothing is actionable.

    Worker's comp has a waiting period which varies by state. If the injured employee is out of work less than the waiting period then it can either be unpaid or if the company allows vacation or sick time may be used. If the employee is out long enough worker's comp will go back and pay the waiting period as well.

    I am not really sure a window in the yarddog would have been much protection against an air hose. More than likely your husband would have been covered in glass along with being hit.

    Comment


    • #3
      Originally posted by HRinMA View Post
      You may want to edit your post into paragraphs to make it easier to read.

      Nothing you have posted reaches the level of hostile work environment. Nepotism is legal so if the mgr decides to give a job to a family member rather than your husband, nothing is actionable.

      Worker's comp has a waiting period which varies by state. If the injured employee is out of work less than the waiting period then it can either be unpaid or if the company allows vacation or sick time may be used. If the employee is out long enough worker's comp will go back and pay the waiting period as well.

      I am not really sure a window in the yarddog would have been much protection against an air hose. More than likely your husband would have been covered in glass along with being hit.
      Okay how about the fact that today his boss is telling one of my husbands friends on a different shift that I am coming up there talkin about their divorce. (When I didn't even know they were even separated.) And he has given my husband dirty looks today and several people noticed it.

      They told my husband he couldn't transfer because his mother worked over there, aka family members can not work together, yet his son is a supervisor and a nephews are supervisors and he is over top of them.

      The main safety guy and people we spoke with through work comp apologized for the delay, and said if they would have reported it like they were supposed to he would have gotten his checks alot sooner. Had we not called ourselves he would have never even gotten paid. He went past the waiting period, and work comp is paying for all the days and now my husband has to repay his employer with cash if he wants his vacation hours back, when it was not his mistake.

      Another employee from his company had the same thing happen a few years ago, but the yard dog he was driving had a window. When that hose busted off it broke the glass but there was enough time for the driver to duck or get out after it happened to refrain himself from an injury. With my husbands case it shot off and went directly to his head, nothing was there to delay the slinging hose from hitting him. And the day my husbands accident occurred they got rid of that yard dog, and ordered helmets for the drivers. They are trying to cover their own.

      Comment


      • #4
        Just to make things easier, the term, hostile work environment, has a very specific meaning under employment law. Unless the employee is being subjected to either sexual harassment or illegal discrimination under Title VII and related laws (race, religion, national origin etc.) it is not an HWE. Giving an employee dirty looks or talking negatively to/about him does not cut it unless the negative attention is as described above.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          http://www.wisegeek.com/what-is-a-ho...nvironment.htm
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            http://en.wikipedia.org:80/wiki/Host...rk_environment
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              Sorry, DAW, your post wasn't there when I started mine.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment

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