Question:

Can I get workman's compensation if my boss fails to file a report and then fires me a week later?

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I hurt my back at work. I reported it to my supervisor who told me he would file a report in the morning when the HR office opened. I worked night shifts. I continued to work for three days in pain and without my supervisor telling me when an appt. with a doctor was scheduled. Three days later I was fired for "poor performance". Never in the year I was there was anything ever said about my performance. I was on salary.

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3 ANSWERS


  1. When you reported your injury did you also contact HR? You should have been sent out for medical attention the night you reported it, there is not supposed to be a delay while they file a claim and schedule an appointment. Contact your HR department and ask them why there is a delay in treatment, but I would bet that they will tell you he did not notify them of the injury.


  2. If you were fired, I don't believe that you are eligible for workman's comp.  You should've contacted your HR department directly... bosses are always too busy to do that stuff in a timely manner.

  3. It might depend on what state you're in but the answer is almost certainly yes you're eligible. Go to your them and tell them you need the forms to file a claim with their insurance company. In most states you can go directly to a doctor and tell him you are there for a work related injury. In any case three days makes no difference whatsoever.

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