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Christopher Lancaster
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Allied Moving Company at Mcdonalds

Bad work - community

I was working for a temp agency,well on the job I slipped and fell ,hit my head ,go to the hospital,and now the job don't want to let me come back to work cause I didn't go to there doctor ,I really just want to work ,but it's like they think I want to sue them ,but I just wanted to work ,can someone help me with this situation

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about 8 years ago
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Anthony Harrington
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IT Business Analyst

Christopher:

If you had filed a worker's comp claim, you would have had protection from being terminated. Since you did not file a claim prior to your termination, you don't have much recourse.

If you are injured at work and the employer asks you to see their doctor, there is a reason. Their doctor is part of a claim process. Part of that process is to ensure that certain checks are done as part of the claim process and to ensure that you are cleared to return to work.

Part of this process consists of a drug screening to rule out that you were not under the influence of a controlled substance. A regular visit to the ER would not consist of this step.

Basically, the employer wants to protect themselves from a lawsuit by providing you the opportunity to file for workers compensation. That didn't happen so they either let you go because you didn't follow proper protocol as outlined in an employee handbook (regarding what to do if injured on the job), or they used the employment-at-will option to separate you for a number of other reasons.

Of course, if you injured yourself because the workspace was unsafe and you can prove it, then you might have a legal injury case. If that's the route you want to go, consult a personal injury lawyer.

8y
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Rodney Strong
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So why didn't you go to the hospital? In my opinion it may seem if though that you could possibly hiding pernant information. Also if there is potential for letigation , then more than likely a drug screening will be required. I'm only speaking from experience. I hope this helps. Good luck!

8y
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Natalie Bergman
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Social Worker Student

I think you should talk to your temp agent about it and be clear about your position, that you don't have any legal motives and you just want to work. Make sure to be friendly and non-stressed when talking to the temp agent so they'll be likely to want to work with you more. If the workplace still isn't interested in having you there, your temp agent will likely still want to work with you due to your calm and friendly manner of taking a stressful situation and will probably help you get another placement. It seems like the workplace is being unreasonable anyways, so I'm sure your temp agent has some sympathy for you anyways.

8y
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