This Just Sucks!

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My fiance's job entails driving vans to transport disabled people. He injured his back a couple of weeks ago, and had to put in a workers compensation claim. His boss, who hasn't ever been nice to him, really came out in full force. When my fiance was placed on light duty, he gave him heavy work to do, which made his back much worse. When he asked to go back to the doctor,to get the limitations re evaluated, his boss made him wait all day before taking him (the workplace has to transport employees in a case like this.) The doctor wasn't very helpful either, insisting that my fiance could still work and even do prolonged standing, when he was clearly in a lot of pain. By the end of the week the pain had increased to the point where he couldn't get out of bed, or even go to the bathroom. He called his boss and was told that he wasn't allowed to go to the ER, but must return to the same doctor that he had seen. My fiance said that he couldn't even get out of bed let alone drive a car. So they had to bring a van to the house and place him on a stretcher. When they took him to the doctor, the doctor said that there was nothing he could do for him and he wrote an order for him to go to the ER. His boss actually got upset and didn't want him to go to the ER! He was admitted and kept for two days. He wanted to sue his employer but we don't know if we actually have a case. I am exhausted by this whole thing. It never ceases to amaze me how cruel people can be to Aspies.

To everyone, these days

I believe you have a case. If the doctor said to do light duty; and the office put him on heavy duty, there is a good case for liability issues.

I would consider consulting a lawyer.

I would be careful about leading with the aspie card though, I feel like your case stands alone without the aspie issue.

i wouldn't quit that job without another, and i wouldn't sue unless i quit.

This.

We spoke to an attorney, and they said that we don't have a case because workers compensation is covering everything. We explained that we aren't trying to sue workers comp, but that our issue is with the boss who made my fiance's back much worse by having him do heavy work when he should have assigned him to desk work for a few days. Now we are waiting to hear from another lawyer who has some better experience at this, I guess.

Unfortunately, that sounds "right".

The WC claim should cover any increased monetary issues based on the aggrivation of an already exisiting condition. Unfortunately, it doesn't address the needless increase in pain and suffering. I suspect that would be a separate suit, though.

What a dick. People suck.

Sometimes it's an AS thing-- "You're weird, I don't like you, I'm going to hurt you." Sometimes it's as as*hole thing-- "I'm going to hurt you just because I can."

I'm really, really sorry for all your trouble.

You may want to pursue this not under WC (which is not fault-based) but instead under Employer Liability. Something the attorney *should* have brought up with you.

In the u.s. back issues are subjective. I am a disabled veteran, injured in the line of duty with chronic back problems that have been rated at a steady 10% for over 20 years, inspite of the decreased mobility and increased pain and spasms that prevent me from doing labor intensive tasks. They just want to prescribe drugs, don't want to provide physical therapy and never want to increase the back ratings.

Thank you. My fiance returned to work today and his dumb boss was going to have him wash buses! He refused, of course. So they gave him desk work. The attorney we consulted said that we don't have a case, since WC is handling the injury. We are going to keep checking with other attorneys, and I will keep in mind what you said about Employer liability. We have been approaching it wrong. My fiance is still in considerable pain, and can't even sit on a chair; he had to lie on the floor on a blanket to watch a little TV after work.