Situation was a fall resulting in a shattered wrist. There was visual evidence of major damage to the wrist and I had to wait 2 hours before my employer took me to the urgent care center. This wait was because the manager wanted to find the company accident paperwork that was needed because of an accident.
This may be better as a posting in the Worker's Compensation area. Having said that -- and with a disclaimer that I do not practice in the area of worker's compensation -- there are a few thoughts that come to mind from your post. You indicate that your employer "withheld immediate medical attention" but do not indicate why you were at the mercy of your employer to take you to the hospital. Unless there are special circumstances involved, I would assume that you were free to leave for the ER via ambulance, with friend or family member, by cab or a host of other ways. Your employer's desire to find the accident paperwork may not demonstrate the best organizational skills, but it does not demonstrate ill will, malice, desire to cover up the incident or wish to keep you in pain and without treatment. I am not at all sure that your employer has a duty to transport you to the hospital in the event of an injury of the type you describe, and unless you were being truly held against your will (as in a false imprisonment, where you are confined to a bounded area), I do not believe that there necessarily is a valid legal action against the employer. There might be some theory based on negligence (failure to exercise the care that a reasonably prudent person would exercise under the circumstances) but again, you would have to establish that the employer had a duty to do so (i.e., take you to the ER, doctor, urgent care, etc.) I will repost this query in the Worker's Compensation category so you can get more targeted advice if there is such a duty.
This does not constitute legal advice. You should consult an attorney who can assess the facts of your case and discuss your legal rights and obligations.
I am the Worker's Compensation attorney and I think the answer above was a really good and thoughtful answer. The industrial insurance act does not add any additional protections or remedies for you as it is written. I hope that you did not suffer any additional physical injury as a result of the delay in care. The Worker's Compensation system should provide you the care you need for your injury. If you are not getting the care where are having problems with in the comp system, then you should seek advice from an attorney immediately. I hope you get everything you're entitled
The correct and exclusive remedy is Workers Compensation. You should retain an attorney immediately. However you generally cannot sue your employer and waiting 2 hours wouldn't have much in terms of damages anyways.
The above statement should not be construed as legal advice, does not create an attorney-client relationship, and is provided purely for informational purposes. You are advised to seek legal advice from an attorney and NOT AN UNLICENSED PARALEGAL SERVICE for any legal questions you have.
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