Fatjay

Aloha everyone. I am on here trying to do some research regarding Workman's Compensation rules&regulations. I was injured on the job last week (1/11/2010), resulting in the loss of the of the first bone at the tip of my middle finger. Now, I've been working this job for about a year and a half. Although, on several occassions my boss has instructed/had me operate a piece of equipment, which is/was(?) in less than good working order, I'm not the type to make waves. I just apprecited having a job in these hard times, so I kept quiet. The steps he had me taking, just to get the equipment to start, would probably make OSHA cringe! Following the accident, I went to begin doing the WC paper work. Am I forced to sign it, with a statement, made by my boss, which I do not necessarily agree with? My boss is real smooth talker, so I'm seriously concerned that I'm about to be "thrown under the bus" He (my boss) has been neglecting maintenance on several pieces of equpiment for a month and a half, maybe close to 2 months. After, having a couple days to collect my thoughts, my better judgement told me to document the equpiment in question (2 days after accident) and luckily, my boss hadn't learned his lesson yet. The equipment was in the shop still untouched, as it has been since around early to mid December. I have heard so many horror stories about WC cases. Which really has me concerned that I may be left holding the bag (with my 9 2/3 fingers)

Rightthewrongs

Your boss cannot ask you to hold him harmless and ask you to sign statements saying he is not liable for an injury. There is a basic principle of law that you cannot sign away your statutory rights, meaning your rights under law, and no such waiver will help your boss out. It will only make him look bad that he inisisted you sign something like that, if that's what he is in fact doing. It's hard to tell from your post what your boss is asking you to say. However, do be sure the Report of Injury is sent to the state government, Department of Labor. Your boss is required to submit this Report of Injury to the appropriate state office. Also, your boss cannot fire you because you insisted on your rights in this situation. That would be a "retaliatory firing" because a worker got injured, and I would think in most, if not all states, it's illegal for an employer to fire anyone because they got injured or insisted on their rights under state law. Please don't let your employer bamboozle you into believing that you have to keep your mouth shut or sign waivers. If your boss persists in this attitude, contact an attorney immediately!

Fatjay

RTW, thanks soooooo much for the response! I may have been a little off base in initial post. I thought I had to actually sign the WC1, which contained my boss's questionable account of the incident. But, since the original post, I had the opportunity to present my case to the company's insurance carrier. Emotions may have been getting the better of me on my original posting, but most of it was not far off base. Mahalo again!