Walmart
1710 S. Greenfield Rd
Mesa Arizona 85206
United States of America
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Walmart Refused Medical Attn.,Terminated, Denied unemployment and Workers comp from work related injury!! Mesa, Arizona
*UPDATE by author: update
2Author
2Consumer
0Employee/Owner
I worked at walmart for 2 1/2 years in the frozen/dairy dept. On Aug 1st 2009 I was pulling a pallet to the dairy dept weighing up to or more than 500 lbs. While pulling the pallet i felt a pain in my lower back the associate that was helping me push the pallet as i pulled noticed i had pain and suggested i not pull the rest of the truck. Once she left the cooler i texted my dept supervisor to let him know that I thought I might have pulled a muscle or something and that I might not be able to finish all ofthe duties he assigned me. He told me to do what i was able and to report back what wasnt finished and how i was feeling.
The next day I showed up for my shift in obvious pain. Limping and having a hard time standing and walking. Although I was in pain I felt uncomfortable asking to leave because i had recently transfered from nights to day shift. I asked my supervisor what he thought i should do and he asked if i had reported the incident. I told him no but I was most likely gong to that day.Unsure of what consquences I might receive I began texting friends and family about my pain throughout the day. most agreed that i should go to the Emrgency Room. after working 4 hrs my back pain started to go down my left leg with a stinging, burning sharp pain.
Before going to lunch i decided to talk to a manager about the pain and what may have caused it the day prior. I asked the co. manager if i could just clock out to go to the E.R. he responded with 'leavng before your shift will be considered missing a day and because i just went to days i may lose my position.' angry and in pain my response was ' so i cant go to the hospital from being in pain caused the day before from pulling a pallet?' again he just told me i might lose my position if i left for the day but he couldnt tell me not to leave. he also suggested I go to lunch and rest for a bit then when i got back to find him b/c he had more assignments for me. During my lunch break i called and texted people abot the managers respnse. after clocking back on i just went to my dept. and attempted to finish my duties.
The pain became intollerable and i sent messages to people i worked with and family stating my job wasnt worth the pain i had and the thought of it serriously imparing me wasnt worth it I was just going to walk out. an associate replied saying he was gonna talk to management and not to leave untill a different manager came to talk to me. the second manager came as i was out stocking eggs and talking to a customer who asked if i was ok. She saw me leaning onthe shelves crying and trying to work. after talkting to the manager i decided to clock out and go to the ER
I was given a doc note for no work for 3 days and to follow up with my Primary care DR. my diagnoses was hearniated disc and pinched nerve. I made copies for my Supervisor, the Dept manager, and the store manager about being out for the 3 days. I called the next day to see if any of those managers received the report Amazed NONE have received it. I guess the manager working the day before didnt give the copies to them as asked. While talking to the store manager she mentioned to me that a doctors note doesnt excuse my days off and that it was just saying i was going to miss my shifts. That i was still going to be counted as calling in for those days making it possible to get a write up if not termination for calling out.
I was also told if i was going to miss more than 4 days i needed to fill out a LOA form My Dr. signed it giving me 2 weeks off and given PT along with meds to help with the injury. when i turned in the LOA i wasnt sure of what box to check Workers comp or personal illness. so I was told to leave it blank untill an answer was found. after the 2 weeks my Dr put me on light duty work. however Walmart refused to allow me back to work untill i was 100% better so my Dr kept filling out LOA forms monthly. Nov. I called the DES office to file for assistance because i had a 1yr old to care for. I was told that my status was showing my employment was terminated. I got in touch with a workers comp attorney and filed a WC Lawsuit. from the time i filed till the court procedings i kept in touch with my supervisor and had 3 employees who were going to testify on my behalf 2 of tem were terminated prior to the court procedings and my attorney didnt think it was necessary to summon any of the people i texed the day I went to the ER to testify he also felt it wasnt necessary to have the customer i talked to testify.
I also filed for unemployment because I was told I was terminated and couldnt get in touch with anyone at walmart. they denied it. Saying i voluntarly left that i failed to report back after my LOA was up. So from having zero income and a baby i was unable to make my car payment, phone bill, and rent. I lost my almost paid off car, had a friend help pay my phone and rent. and was struggling to care for my son.
After going to Industrial commission office for court the judge denied my claim and favored for walmart. because 2 of my key witnesses were recently terminated so they were not reliable and somehow the LOA papers i was told to leave blank were checked in the box for personall illness. Walmart claimed I injured my back in dec 2008 from moving. However, I did move in Dec 2008 I did none of the lifting why? because my son was born 10/31/2008 he was a month and a week old i was still on maternity leave. and had witnesses willing to testify that they were the ones helping move boxes and heavy items but as my attorney said it wasent nessessary for everyone i knew to testify.
So what am I saying??? well its obvious Walmart is a multi billion dollar company so of course they could easily do what was necessary to make me and forner employees look noncredible. easy to have all managers testify all saying i tolf them i injured my back when i moved. Managers that werent even working that weekend testified that i told them i was in pain!!! How can I tell someone anything if they werent even working those days or managers I didnt even talk to that weekend?? Now its FEB 2012 and I still suffer chronic back and severe leg pain making every part of my life painful and miserable. I cant lay down on my back, stomach or either side without uncomfortable pain. I can only Stand for about 7min untill pain begins. I have to sit a certain way to be comfortable for a few min. my son is now 3 and its hard to function like a normal mom taking him to the park or zoo because the pain gets so bad. I take 120mg of morphine, 20-80mg of oxycodone, and 20 mg of valium DAILY! Is there anyone out there that can help me find a solution?? i just want to go back to my life before this Work Related Injury.
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REBUTTALS & REPLIES:
2Author
2Consumer
0Employee/Owner
Updates & Rebuttals
#1 Consumer Comment
AUTHOR: Ashley - springfield (U.S.A.)
SUBMITTED: Tuesday, February 07, 2012
POSTED: Tuesday, February 07, 2012
Have you filed for disability? If you are reallyon that level of pain medication per day, you surely qualify for disability. It has been 3 years since that job after all. Also, If you hired a lawyer and already went to court with walmart, i don't believe there's anymore recourse that can be done there. You should have filed an incident report the second that you hurt your back. Of course the supervisor tried to dodge that issue, they know taht if you had filied it then you would have had a workman's comp claim. Your employee handbook should have detailed out the steps to take when you were injured. When you went to the ER did you file it as a workman's comp claim? from what I see, you declined to fill out a lot of this paperwork correctly. You really shoudl have gotten some help in filling all of it out. You didn't file an incident report, didn't go to a workman comp doctor for your company, didn't file for workman's comp, didn't file your FMLA paperwork properly,etc...
I do feel for you, but unless you want to hire an attorney to appeal your decision you are out of luck on recourse against walmart. Especially since you have already been to court and been denied. You should move forward with your life, look in to getting disability. What ended up being wrong with your back that is still causing you pain? A strain in your back from pulling a muscle shoudl not be causing this much pain years later. Have you done physical therapy or had any surgeries to allivate the pain?
#2 Consumer Suggestion
AUTHOR: Southern Chemical and Equipment LLC - Sarasota (USA)
SUBMITTED: Tuesday, February 07, 2012
POSTED: Tuesday, February 07, 2012
You really screwed yourself here, by not using common sense and proper procedure.
I know that everyone who works at Wal-Mart is really scared of their jobs, etc...BUT..you have to follow a certain procedure to protect your LEGAL rights.
Anytime you are injured on the job, or think you have been injured, you MUST immediately cease what you are doing, and go directly to your immediate supervisor (not a text message). If your injuries are serious or if you are not sure, you call an ambulance and go directly to the ER.
You cannot legally be fired for reporting an on the job injury, or for requesting immediate medical care for an on the job injury. We have laws in place to protect workers from this type of retaliation or termination.
You must fill out an incident report (IN writing) and keep a copy for your records.
You tell any medical provider that your injury was on the job, so a workman's comp case is automatically opened for you.
Emergency care can be done anywhere, then non-emergency care and follow up care must be scheduled at the provider your employer has designated, which MUST be clearly posted somewhere like the employee break room, locker room, etc, but most commonly by a timeclock, or employee entrance or exit.
You simply did not file procedure and that is why you had problems.
You MUST assert your rights in a very firm manner, especially when dealing with the mental midget capacity of Wal-Mart management!
Just common sense here.
I would never value a job over my health, especially a Wally mart job!
Time for a reality check.
#3 Update By Author
AUTHOR: Kristy - Mesa (United States of America)
SUBMITTED: Thursday, February 09, 2012
POSTED: Thursday, February 09, 2012
I agree I instantly should have went to the manager working to at least file an incident report. I do want to add that even though i felt the pain just after pulling the pallet i didnt think it was anything more than a sore muscle or or minor strain. After i texted my supervisor about it he did call and I told him that I was wanting to let it be known to him that i may have pulled a muscle or over stretched something but didnt feel the instant need to go to the emergency room at that moment. I did let him know that if it got worse that i would go talk to a manager. I talked to him to just make him aware so that if i did need to see a doctor he would be able to say yeah i did tell him about it just after it happened.
Your probably questioning why not talk to the manager or supervisor on duty. Well to be honest I have had issues with the manager working that day of injury. A few weeks prior he tried to terminate me because of attendance problems and i didnt want to give him another reason to try and terminate me I asked to transfer to day or evening shifts so i could work out having a sitter for my newborn. I was a single mom working overnight. No job at walmart is extremely important. But at the time I had to try to support my child. I eventuall went to the store manager when he tried to terminate me by using missed days from the year before. I stressed to the store manager my hours were making it difficult to find a babysitter overnight. so she moved me to days and allowed me to keep my job. So since that I felt he had it out for me and wanted to let my supervisor know of the injury instead of having that manager say 'Im just trying to make excuses to leave early.' I know first wrong thing. I did tell the ER when i went that i was hurt at work the day before and when asked if it was a workers comp claim i said yes but they wouldnt let me file any paperwork, and that i was threatened my position if i did leave. I told them I came straight from walmart after deciding the pain grew too intense. But all they asked was where is the paperwork from them? Again i told the hospital workers that I wasnt given any so they told me if they didnt give me the paperwork then it probably wasnt a w.c. injury. I should have paid more attention and asked more questions. But I honestly didnt think walmart would have done what they did.
I have had physical therapy, the epidural shots, and my first surgeon was getting things ready so i could have surgery. The length in time it took to set up the surgery eventually was cancelled. The surgeon i was seeing didnt take my insurance and was working under the beliefe that my case would have easily won. Once my lawyer stopped representing me my surgeon stopped seeing me. So I am currently getting treatment with my reg Dr. and am gonna begin seeng a pain management speciallist.
I know that since it has already been through the court process not much can be done now. I need to add though that I really felt my lawyer was on my side untill he saw the attorneyfr walmart when i went in for my deposition. There i noticed that they were both buddy buddy with eachother. Shortly after my attorney didnt have my primary Dr. testify and also withdrew a few other people we were going to have testify on my behalf. My primary DR kne from my first visit that i was seeing him from a work incident. I explained to him what happened with management and at the hospital 3 days prior to seeing him and explained no paperwork was given to me to be filed as workers comp. so he filled them out for me and suggested i get an attorney.
I have applied for disability but was denied. I was told to reapply when i have the surgery but, im going to reapply in the next few days because it has definately been long enough and the pain medicine im taking should hopefully help get it approved.
I agree with the comments that I should have been more responsibe about getting paperwork filled out early and completely correct so there was no room for question. I dont know if I can possibly have the case re-opened or if i can provide new evidence by having my primary care DR testify and possibly having a few of the long list of witnesses (customer) along with other people i was talking to throughout that day i went to the ER. If anyone has any information about how to go about re-opening a case or if having people testify be considered new evidence please feel free to write it. I'd really appreciate it.