TLDR: got hurt (Back) driving a malfunctioning stand up, bosses called me in to file a accident report but I ended up getting grilled about other things. Boss thought I was “Faking it” because I reported it 4-5 days later. Went to the doctor, I have a spine sprain. Doctor gave me a lot of restrictions. I'm pissed at how they handled the situation need advice on what should I do?
So let me start by saying on a Saturday I was asked to work. I did. When I was there I was supposed to drive a Stand Up lift to put away pallets coming out of the truck. I noticed the lift I was driving was malfunctioning and the other guy working there just told me “hey don't kill yourself, that lift is an assassin” lol I was like Ok? First pallet I grabbed I started driving in reverse and as I was lifting the pallet up it showed an acceleration error and accelerated. As I'm going in reverse faster speeding up, I just decided to lower the pallet so that I can stop. I felt that I was going to fast that I attempted to stop by pressing forward on the stand up lever but I heard more acceleration. At that very moment I thought omg how and I going to stop?? Do I jump off? I opted to Just brace myself and accept the impact crash. So the concrete was able to stop the lift but at the moment my back hurt but not enough to get medical attention. I asked the supervisor why was this Stand up still in service? He replied with oh there's a trick to stopping that lift. The other guy didn't tell you? Now at this point I was pissed about that on top of that it seemed like he didn't care he didn't ask if I wanted medical attention or are you alright nothing…
Now fast forward Monday my back felt sore but not too bad, Tuesday, Wednesday same thing but on Thursday I was picking up some cases stacking them on a pallet when I felt something that felt like Electricity jolts from my back down to my left knee and when lifting my right leg feeling similar effect in my inner thigh so at that point I started thinking to myself, Man these bastards don't even cared if I'm ok they haven't even checked at all if I'm ok if I want to go to the doctor nothing…
So I sent them an email that at the moment I might of gotten in my feelings about the situation and what I was actually feeling so I may have said stuff like what I just mentioned above and added that supervisors need more training and they lack the experience etc…
Friday I was asked by HR to come in an hour earlier so that I can fill out an accident report.
I showed up but HR wasn't present only the COO and the Manager were there. At this point the COO just said here fill out this paperwork about the accident ok so I did once I was done they asked me to sit with them in he's office. The conversation started about the accident but they soon shifted and started grilling me about “Performance” how I was mad about a “Bonus” I didn't receive and how I had let them down with some work related duties. Now keep in mind I had been asked to do them a Favor for 2 months to help train some new guys in this WHS plus we fill out a paper at the end of my shift with everything you did for the day. I mentioned to them that sure my performance is not the same as before but I'm still doing as much or more work than the best guy there. So what's is really the problem? At that point I was like wait a minute I'm here to talk about the accident not to get grilled about work performance or anything else? Let's not act like I didn't get hurt because of a malfunctioning stand up that wasn't properly lock out tag out or at least put a sign that said ” Do not use out of service” that would've been sufficient to let anyone know not to use it.
He apologized but started to grilled me again on how it's not fair that I sent that email and claimed that they need more training etc..
At this point he also mentioned that how is it possible that you had the accident on Saturday? Now Friday and Thursday you let us know you're hurting? You have to see how this looks Suspicious? I replied with no I don't? I wasn't hurting until Thursday every other day I was sore but not enough to not show up to work? The COO made me feel like if I was faking it?at this moment I was like you know what NOW I want to go to the doctor! So I went to Kaiser and they said I have a Sprain spine and gave me so many restrictions. No standing or walking for more than 30 minutes, No bending over, no climbing stairs or ladders, No pushing, pulling, lift, Carry no more than 5lbs. It also states that if accommodations can not be met that I'm temporarily totally disabled.
Once out I sent him a picture and he called me immediately and he's tone was different he said I saw all the restrictions but do you think you can still drive the stand up? But just take it easy and take as many breaks as you need… My dumb ass said ok yeah I'll try it. I went back to the company and felt back pain but felt like I could probably continue to work but then I was like fuck this shit! So I texted him back and jus told him hey I'm hurting and I'm just going to go home. He said “ok get some rest” very different than the attitude earlier.
I'm still fucking pissed on how things were handled, I already emailed HR and asked her why wasn't she present during that meeting? I felt like they were both attacking me and putting blame on me for other reasons other than the actual fact here a malfunctioning stand up. I told her that they tried to bully me or intimidate me but it didn't work.
At this point I don't know what to really do? Should I get legal advice? Should I? Come Monday I still have to go to work to determine if they have light duty that can accommodate my restrictions?
Thank guys.