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Legal issues with work injury - April 18th 2012, 03:55 PM

This thread has been labeled as triggering by the original poster or by a Moderator. Please take this into consideration before continuing to read.

I would post in the public forums but I don't want just anyone to be able to see this.

I was hurt at Walmart on 4/11/12. A large heavy cart loaded with stuff fell and pinned my right leg against some metal shelves.

Immediately it began to bruise and swell.

The next day I call and tell Walmart I want to see a doctor. They gave me the run around. I called the 12, 13, 14, and 15th. On the 14th, my ankle swelled to the size of a balloon. On the 16th, the back of my leg (injured calf) started to go numb.

I went to Med Check (emergency clinic) immediately as that's a sign of several bad things.

Walmart declined allowing me treatment (apparently a claim had not been filed yet, but this was serious so they could have allowed me and paid for it still, right?)

Anyways, so I went Monday to see the Walmart doctor. Five days after my accident. The doctor was a cook. He literally visually looked at my leg. Then he picked up my foot and pushed my ankle up VERY hard. I screamed. Then with a smile on his face he asks, "Did that hurt?".

I say yes and I tell him the pain shot up my entire leg to my hip. He nods and says "Yeah, it's a contusion (bruise)." He then prescribed me nothing and no tests. No xrays. And he told me to use crutches or a cane. Sit-down work only, for one week.

Tuesday I had to go to work. I cannot put much weight on my leg. I cannot walk flat on my foot. I have to walk on my toes. And I cannot wear shoes, so I just had to put my toes in a shoe and walk like that.

Tuesday night I get home and my ankle and foot are very swollen. Had to call into work today because I cannot put ANY weight on my leg and when I try to straighten my leg and ankle, my knee and ankle pop and then stops. I physically cannot straighten my leg.

Walmart says since the doctor okayed me to go back to work, today is going to count against me. I'm supposed to work this entire weekend and Monday.

I can't do it. Too much pain.

And I'm wondering if I should lawyer up? They didn't get me ice the day I was injured. Another employee had to. And the doctor was a cook and did nothing.

I'm so depressed due to this. It's causing my boyfriend and I to fight a lot. I'm missing work though the doctor swears I can work. And my leg is always in pain, no matter what.
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Re: Legal issues with work injury - April 18th 2012, 05:34 PM

Unfortunately, me and legal work don't go hand in hand. I know next to nothing.

But what's happened to you sounds totally unfair. If a lawyer would help, go for it. Wouldn't your health insurance cover a trip to the real ER? (I don't know anything about American healthcare though, so...)
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Re: Legal issues with work injury - April 18th 2012, 05:39 PM

I have no health insurance.
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Re: Legal issues with work injury - April 18th 2012, 05:54 PM

I see, and you wouldn't be able to cover the cost?
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Re: Legal issues with work injury - April 18th 2012, 08:11 PM

No.

I went to the doctor today. He still wants me to go to work, but did prescribe me Vicodin. I guess I will try my best to get through this weekend. I then have Tues and Wed off of work next week. One long day. Then two short days.

But...I still want to consider a lawyer.
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Re: Legal issues with work injury - April 18th 2012, 08:32 PM

I don't know about how things work in the USA but here we have organizations you can talk to if you feel you're being treated unfairly and will talk to your company and any legal bodies for you.
I'm not sure if anything like that exists down there though.

I do know though that if I were going to get a lawyer for something like that I would make sure to phone and threaten with legal action before I did anything. For all you know just hearing the word legal might put a fire underneath whoever is in charge, and even if that doesn't then you'd get an idea of how they're react to something like that before you actually did it.
I would also see what the laws and regulations in your state are (and for Walmart), I tried looking them up myself but I'm not sure what I'm looking for because it's quite a bit different there than here.


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Re: Legal issues with work injury - April 19th 2012, 01:42 PM

Rick, thank you for the help

I know someone who knows a lawyer who takes cases like mine. So they are going to try to arrange a meeting and see if he thinks I have a case or not. If he thinks I do, then I will definitely try the approach you suggested by threatening legal action first.
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Re: Legal issues with work injury - April 22nd 2012, 11:20 PM

Got ahold of a lawyer who says he can help me and that Walmart is known for this kind of thing so it's no surprise. He will be calling me tomorrow. Also getting the blood clot test done tomorrow but supposedly won't know results until Wednesday when I see the dumb doctor again.
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Re: Legal issues with work injury - April 23rd 2012, 01:56 AM

Good luck with the lawyer, keep me posted on what happens. I'm interested to see what Walmart says or does in responce to legal action in this case.


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Name: Kelly
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Re: Legal issues with work injury - April 23rd 2012, 07:18 PM

Haven't heard from the lawyer yet. But I did find out about the blood clot test. Everything looks and seems fine.

Walmart is now also saying I do not get paid if I go to the doctor about my injury during work (which they are supposed to). So this will be another thing I speak to the lawyer about.
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