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Work Accident and reprimanded for visiting personal doctor.

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  • Work Accident and reprimanded for visiting personal doctor.

    San Antonio Texas

    This message is on behalf of my mother. She is a US citizen but is not fluent in the English language. She works in the food service area and has been working for a hospital institution for the last 3 years. She has accumulated 120 hours of vacation and had not used her sick-leave.

    Most of the time she serves and cooks, however, this time she was sharpening knives and accidentally cut her hand. She was sent to the emergency room (she works in a hospital). The nurse sent her back to work - light duty and told her to take the following day off (which happened to be her day off). The next day her hand was extremely swollen and was turning purple on one side, she visited her doctor and received one stitch. The doctor informed her she could not go back to work for the next 6 days. She immediately took this note to her manager and took my younger sister who is 17 years old with her so she could translate for her.

    When her manager found out she had visited her own doctor she was furious and began to yell at my mother. My sister who speaks fluent English says the Manager was extremely upset at the fact my mother had visited her own doctor, in a high tone of voice told her several time she was not supposed to do that and that she should have known what to do when she gets hurt at work and that she was only supposed to get light duty not days off from work. My mother explained to her this is not something that happens to her often and was not aware she was not permitted to visit her own doctor.

    At first they informed her she was not going to be able to use her sick-leave but decided to provide her with it as long as she would give up vacation time she was suppose to take in the following months.

    1.Does the hospital have a right to prohibit my mother from visiting her own doctor if she has an accident at work?
    2.Is it fair she was yelled and reprimanded by taking away vacation time she had already asked for several months in advance.
    3.How can I file a complaint on behalf of my mother (with her permission)? Should I fist contact her Human Resources Department?

    My mother is a humble woman who has no knowledge of her rights. I feel she is being taken advantage of and has been humiliated in front of her youngest daughter for something that was not her fault.

    Your feedback will be greatly appreciated.

    Kind Regards,

    Gabriela
    Last edited by Gabriela; 02-27-2005, 10:13 PM.

  • #2
    Work Accident

    Your mother has the right to select her own doctor to take care of her injury. However, that doctor must be on the approved list established by the state. If she uses her own doctor and he/she isn't on the list, then there is a possibility that her claim will be denied.

    It is illegal for a company to discriminate against an employee for filing a workers' compensation claim. Retracting a previously approved vacation would be considered retaliation.

    You can go to the HR Department for assistance. You can also report the company to the state.

    The following site will answer all of your questions: http://www.twcc.state.tx.us/informat...glish.html#q12
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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