I was involved in an industrial injury (work related) in Feb. 2014. Tripped on an exposed water sprinkler head that did not re-track. I suffered lacerations on bridge of nose and after viewing blood on my hands, glasses went into bridge of my nose, I went into shock and fell backwards onto outdoor ice machine and also suffered injury to right side of rear back. I filed for workers compensation as claim was settled. Currently have mobility problems as of today and aided with assistance with a walker which was issued through physician who is caring for me because of diabetes only. Primary doctor is aware of my current condition but will not treat me for my work related injuries. Searched for legal assistance after on-the-job injury but attorney's would not respond or were intimidated by commodity employer. (UP railroad). Injury happened on railroad property. Filed workers comp claim against my employer which was recently settled. In addition I was "involuntarily terminated" by my employer on June 2014 in I which I feel might be to me filing for workers comp. Injury occurred in Placer county and I currently reside in San Francisco.
Workers compensation is likely your sole remedy (which you have exhausted) against your employer. Speak to employment counsel regarding the possible wrongful termination.
When you have a workers compensation claim it is not in addition to another claim against the employer. It is something that you must do instead of suing directly. It is not a choice. There may be employment issues ti be explored as a result of your termination though.
Sorry to hear about the serious injury that you sustained. Since your workers comp claim was settled, that's probably a done deal, but you can speak with your workers comp attorney about whether there's anything you can do regarding your continuing problems.
Employers are not permitted to retaliate against an employee for seeking workers comp benefits. However, you will need some compelling evidence to back up such a claim. Just because you "feel" your termination "might" have been because of your workers comp claim is obviously not enough. You can consult with an employment attorney regarding the circumstances of your termination and any evidence you may have.
Best of luck in your continuing recovery.
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