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Employer Won't Pay

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Nativity

Member
What is the name of your state (only U.S. law)? Pennsylvania

I have a hickman line located in my chest, for the unaware it's a catheter that is inserted into a large vein near the chest with 3 lumen's hanging out used to replace IV's and used for chemotherapy. It cannot get wet nor can it sustain certain temperatures.

I work as a Assistant Manager at a local grocery store chain. On August 3 I was scheduled to work second shift as Manager instead of assistant manager. Upon entering work I was confronted by someone else who stated he was the Manager for the shift. I have never met this man before nor was he on our payroll for our specific store.

While trying to figure out what was going on he ordered me to work in the frozen department since we had a call off for that area. I tried to tell him that in my folder under restrictions it stated I cannot work in the dairy nor the frozen department due to having my hickline and illness. He ignored this and stated if I didn't work in the frozen department then I might as well go home and not come back. I tried to tell him again but he didn't budge and for fear of losing my Job at the time I complied.

After 20 minutes of working in the freezer I had to leave due to pain where the hickman line has been inserted and I noticed my lumens were frosted. I was not properly dressed to work in the freezer since I was not scheduled to do so, the only added clothing I had was a jacket from the dairy employee which was not thick.

Upon leaving the freezer and some other irrelevant events, after telling the "Manager" I couldn't work the freezer he told me to go home. Before leaving home another co-worker called up the manager that works the third shift. He came in, and stated the Manager that was on was not scheduled to be at our store until 3 weeks from now. That "manager" was sent home. The 3rd shift manager asked if I was okay as he is aware of my condition. I stated I was in pain and we went together to the ER. Where at the er they stated the Hickman line had to be removed and replaced, there was also bleeding around the insertion site.

After this I asked the 3rd shift manager if I had to file something for workman's comp and he told me that he would take care of everything and would pay for the new hickman line and replacement. And stated I was not fired either.

Now fast-forwarding, I had the Hickman line removed, I didn't have to miss any work. I also suffered a C-dif infection but it cannot be directly linked to working in the freezer. At the time of the procedure I had insurance so they covered their costs of the replacement but not all of it the remaining balance is $2,249. Now my employer is saying they have no liability to pay for this. The Manager who stated he would do everything with workman's comp stated that Corporate said it wasn't the employers fault that I followed the manager's, who was not due to be on schedule yet, orders.

Is that correct or do they have a responsibility to pay? I am not looking for any other compensation just for the rest of the medical bill to be paid off.What is the name of your state (only U.S. law)?
 


Nativity

Member
I realize now that it would have been a lot better if I had refused or had called the 3rd shift manager sooner. You learn.

Thank you for replying
 

NLW

Member
This situation caused an aggrevation to your pre-existing condition. The treatment needed to treat you for this aggrevation should be covered under workers' compensation. You should file a claim (the insurance company decides what will and will not be paid - not the employer unless they are self insured).

You live and learn, you're right. It is also so frustrating that there are some people who just don't care about the good of others. You must always know to care for yourself before listening to the insensitive bullys in the world - such as the fill-in manager you described in your post.

I hope your recovery is swift and complete.
 

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