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Author Topic: what would you do?  (Read 3228 times)

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Offline thetruthh34

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what would you do?
« on: December 11, 2011, 07:54:24 AM »
Hi,

I could use some help/advice. thanks in advance for reading this.

In january of 2011 I was working at a subway sandwich restaurant in Canada,  and since I was not too busy my boss told me to go to her home to work. she told me to carry a box down a flight of stairs I did but i missed some steps and fell on my left knee.
The pain at the time is very mild so I did not think anything of it. Over the past couple of weeks the pain got worse and worse.
I went in for a MRI and it showed a tear in the posterior horn of the medial meniscus :(
I had surgery to remove the torn portion as it was NOT repairable.

They removed about half of my medial meniscus , and now they say I have a much greater chance of getting arthritis in my knee.

I was only 23 at the time, just turned 24. so this news was very devastating to me as I know in about 10-15 years im going to run into problems as a result of my bosses decisions for a minimum wage job.

I filed for WSIB because this is a permanent injury. I can never get my meniscus back. My claim was denied because my boss told them that it didnt happen (because she did not want her insurance to go up).
My witnesses also lied to WSIB because they were afraid to go against the boss and potentially loose their jobs. I dont think that is fair at all that WSIB would deny my claim just because my boss denied it happened.  Does anyone win a WSIB claim.. Im sure bosses deny the incident all the time.

I do have a right to appeal but they are saying my chances are slim of winning anything.

I realize no amount of money will get my meniscus and my knee back to normal but I just feel I was taken advantage of and my meniscus was stolen from me in a way (if that makes sense)

I feel down as I am really active and wonder about the future when I have to go to work to pay the bills and im in soo much knee pain.

I am really upset that I tore it at work (who would of thought I would of tore a meniscus working at subway). My boss does everything wrong taking people to her house to work while paying them through subway and she dosent even follow the franchise rules.  I feel like just complaining to Subway but again nothing I do will make my knee feel better.

Plus the boss is my sisters husbands aunt. but if I were to think she was family she wouldn't of told WSIB I was lying in the first place right?

Sorry for the long letter... but what would you guys do?

Offline Maryannegb

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Re: what would you do?
« Reply #1 on: December 11, 2011, 08:11:11 AM »
I'm in Australia, and although I am no longer working I am sure their is a fair work conditions section of the govt. who would handle this here!

Is there something similar to this where you are?

Or there must be someone in a position in subway???

You have had an accident and the outcome is not great, you also need to think of fellow employees who may risk death or a very serious accident through this ladies wrong doing???

I hope this helps and sorry to hear about your torn meniscus!
Meniscus tear repair 2000 LK
Meniscus tear repair 2008 LK
TTT Lateral release and chrondoplasty 30/11/11
Early stages of OA
Early chondral degeneration in medial compartment

Offline thetruthh34

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Re: what would you do?
« Reply #2 on: December 11, 2011, 08:17:23 AM »
There is something called the Fair Practices commission they only deal with complaints about WSIB. I could file a complaint about WSIB. But the commission cannot change the ruling.

Thats what they said when I called them, they advised me to call the office of the worker adviser (which I did) but all they can do for me is review my case and see if its worth going to court for.
If they feel my case is not worth it they will not do anything about it.

 

Offline krunzer

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Re: what would you do?
« Reply #3 on: December 20, 2011, 05:11:36 AM »
Do you have any type of paperwork that says that your injury was a WCB claim?  Did you report it to your boss in writing?  Most time you have to write an incident report and that will back up anything that happened to you while you were at work.  I am going to get really frank here......your boss is a retard.  There is no job that is more important than your well-being.  That is why there is workers compensation.  As for your boss who doesn't want their insurance premiums to go up, I woud have told them to 'suck it up princess it could happen to anyone'.  I mean you could twist your back while lifting something at work and if you record it and something happens in the future they can go back to that claim or incident report in order for you to get your WCB.  But it needs to be in writing.  As for the other person who 'didn't want to lose their job'......well I hope they know that if something happens to them that they will be in the same boat as per what will happen with the employer. 

I am sorry for what has happened to you.  That is pure Bull***t.  I would try to get that other person to see the 'reasonable' side of things to see if they will at least have your back on this issue.  Make sure they know that if anything happened to them that that employer would obviously not take their side in the situation either. 

Offline captainruss

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Re: what would you do?
« Reply #4 on: April 23, 2012, 11:21:21 PM »
Hello,

I am not familiar with Canadian work laws, but in America we have workmen's compensation.  You need to make this a priority.

1) You need legal counseling.  Find someone who specializes (just like your doctor) in appeals/disputes.

2) I would suggest a polygraph.  If you could get a private one, use it with your appeal as evidence to the WSIB magistrate and ask him/her to ask the employer to take one.  I have had two and if you lie, you fail.

3) Call your city, county, state, province representatives.  In America, I would call my congressman or woman and tell them my plight.  I would also if you are unemployed and have time to burn, take a friend and picket Subway's H.Q. in your area. 

4)  Call your form of the media and tell them your plight.  Call every form you can...TV, Radio, Print....Here the media does investigations in what they feel are unfair actions especially by evil business people. 

5)  Call Subway Corporate.  Ask them for help.  They do not own the franchise, but they do have a franchise agreement.  Tell them you are willing to take a polygraph.  You are willing to do anything they ask to prove your claim.  Tell them your witnesses feared for their jobs.  They will understand the sentiment.

6) Do you have a labor board?  Can you file a complaint?

7)  You can get a mini cassette recorder cheap.  Can you ask your coworkers why they lied....tape it and take it to corporate/magistate?  Get counseling about the legality of taping someone without their permission. 

Just don't give up.  I was an employer for 20 years.  I fought employees who lied about their injuries.  In America, Work Comp is an insurance program.  Yes, the premiums are based on loss ratios, but a business has to be very negligent to have a loss ratio that adversely affects their premiums.  I am talking fatalities at the work place (negligent).

If you can exert pressure.....public pressure will affect her business.  I would picket outside the Subway with my children pleading for people to not buy their subs from that location until she takes care of your injuries.  Check with local authorities to see if you need a permit to protest legally.  Get the permit and you will change her mind.

Good luck and let me know if I can help further.

Russ
80 Shattered patella 5 surg
09  TKR 
09  MUA
09  MUA
09  Knee infected??
10  TKR  Scar Tissue
10  2nd OS  Diagnosis Infection
10  TKR with antibiotic spacer, no joint
4/11  TKR
11  TKR PT
11  TKR
11  TKR  AF diagosis
12/11  HO diagnosed
2012  Intractable Pain
2012  OS split
amputation possible?

Offline captainruss

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Re: what would you do?
« Reply #5 on: June 11, 2012, 02:39:44 AM »
Please update us with your condition!
80 Shattered patella 5 surg
09  TKR 
09  MUA
09  MUA
09  Knee infected??
10  TKR  Scar Tissue
10  2nd OS  Diagnosis Infection
10  TKR with antibiotic spacer, no joint
4/11  TKR
11  TKR PT
11  TKR
11  TKR  AF diagosis
12/11  HO diagnosed
2012  Intractable Pain
2012  OS split
amputation possible?

Offline LAS

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Re: what would you do?
« Reply #6 on: June 28, 2012, 04:13:35 AM »
I thnk if you persue it your boss will not want to be exposed for her wrong doings.  So go forward, just don't break the law.   
Good luck!   LAS