Reference no: EM132163236

Before you leave the store at the end of your shift, your supervisor asks you to restock the shelves. As you reach for a box from the top of a ladder in the storage room, you suddenly realize that there is a problem. The ladder shakes, and the next thing you know is that you are on the floor and your leg is in a tangle. A few hours later at the hospital, you learn186that your leg is broken and you will need surgery. Further, you can expect to be off work for at least the next six weeks.

Like most people, you depend on your weekly paycheck to pay your bills, and you will have significant financial challenges if you can’t work. The cost of the medical care related to your injury is also going to be significant. While you have health insurance, you know that with deductibles and co-payment requirements, you will still need to pay quite a bit. You feel some relief, however, when the doctor tells you that the accident should be covered by workers’ compensation. She tells you to speak to your supervisor to report the accident and start the process of applying for workers’ compensation, which will cover your medical expenses and provide you with continuing income while you are out recovering from the surgery.

However, your supervisor tells you in a phone call that the doctor has misled you and that you won’t qualify for workers’ compensation because the accident was your fault. He suggests that you do not file a report about the injury. He assures you that your health insurance will cover the medical expenses and that you will have time off available under the Family Medical Leave Act (FMLA). He also tells you that he will have the HR manager send you the FMLA paperwork and ends the call by reminding you not to mention workers’ compensation to the HR manager. He says that if you do, you aren’t going to be working for him again.

Now you are unsure of what to do. You call a coworker who witnessed the accident to see if she agrees that it was your fault. She tells you that the accident was not your fault because the ladder you were using was broken the previous week and your supervisor forgot to have it fixed. Your company has strict safety guidelines, and if the store manager learns that he was neglectful, your supervisor could lose his job. You have always liked your supervisor and don’t want to cause him any trouble, but you don’t think it is right that he has threatened you about reporting this accident, which wasn’t even your fault. You decide that you should call the HR manager yourself for advice.

Are you eligible for workers’ compensation? Does it matter if the accident was your fault?

What are your rights in this situation? What should you do?