My boss' negligence caused a serious workplace accident where four employees including myself were injured. Some were rushed to the hospital, I went to urgent care. Before going to urgent care, I asked for the workers comp insurance carrier info, and a panel of physicians, but they refused. They were trying to have me pay the bill out of pocket and be personally “reimbursed” by the employer.
I refused, and filed a workers comp claim with the state anyway and in writing told my employer they needed to do their part in proceeding with the workers comp claim. They again tried to “negotiate” with me, and at this time were not filing a first report of injury or starting a claim with the insurance. Apparently, two of the other employees paid out of pocket and were reimbursed. I have possible permanent organ damage from the accident so I needed to make sure it was properly filed.
On top of this, the injuries and hazards that caused it were so serious that it is required by OSHA to report within 24 hours. The employer did not report the incident or injuries, so I called OSHA myself to report it. I told my employer in writing that OSHA needed to be contacted. In the report OSHA sent to my employer, I imagine language from my complaint as well as me mentioning OSHA previously could easily narrow it down to me being the one who filed the report.
Fast forward to a few days after the accident. I returned to work because I was told I had to. Unknown to me at the time, my company was giving a paid week off work to the injured employees to recover and rest. My boss did NOT relay this information to me (but did to the others). I have to assume this was because they knew I filed the OSHA report, were mad that I filed a workers comp claim, and wanted me to come in person to confront me. After getting to work and trying to do my job, my boss confronts me with a phone in their hand clearly recording me. They were trying to ask me about the accident, and I said that I made a written statement and had nothing more to add. They then try to ask me questions about my personal health history that would disrupt my workers comp claim. I again said I am not answering any questions and I wanted to go back to work. The conversation became hostile, as they began asking me why I think they are negligent, and began arguing with me about details I mentioned in the OSHA report.
My coworker stood by and was watching the entire thing and can back me up on it. I told them I felt I was being harassed and retaliated against. I walked out, and told my supervisors and the other coworkers what happened, and they all backed me up. I said that due to almost dying, the illegal and unethical behavior of the owner trying to sweep it all under the rug, and the resulting retaliation I feel I cannot return to work. I planned on filing for unemployment, citing constructive termination. As a result of this, a good amount of employees quit in protest. The managers and co-owner then made my boss take a leave of absence and went in full damage control mode, finally doing the proper paperwork for workers comp, and addressing the OSHA violations. My manger and the other co-owner are now asking me to return to work.
Should I go back? I have EVERYTHING documented in emails, text messages, witnesses and official paper trail. My boss acted negligently and people could have died, they refused to report it, tried to persuade us not to file workers comp, then engaged in a hostile confrontation over the OSHA complaint I made. I have a pretty solid case to argue for unemployment. The job is a part time service industry level job, and I planned on finding a permanent job more in line with my experience anyway. I'm just anxious now not knowing what to do. I really liked my coworkers and the job was pretty easy and paid relatively well, and I had a good schedule. They seemed to really want me to come back, but I'm not sure if it's just damage control, and if their behavior was so egregious that it wouldn't be worth it for me.