i have a friend that worked for Office Depot for almost a year. she's the type of employee that works hard, goes to help the team during company sports events, she stays late even after her shift is over when there's not enough people, she is on call whenever someone is sick she's there to take over, etc. recently her back got injured on the job. she hurt her back twice, and the second time she couldn't get out of bed for a few days. she wanted the company to pay for a doctor's visit, but her manager would not allow it. if someone gets hurt at the store the manager loses his bonus. instead of taking care of his faithful employee he only thinks of himself. her manager still wanted her to show up to work even after her injury. what legal actions can she take? or what can someone do in this situation besides just quit and look for a new job?

 

call OSHA.

 

I take it she didn't get the incident documented at work.

 

I'm not an advocate of suing, but I think this warrants it (if OSHA or someone above the store manager doesn't do something). There is no excuse for not paying for an injury caused at work (or treatment for the injury). On the job injury is the employers responsibility to take care of, not just the employee.

 

I assume that you are speaking of an employer/employee in California, so I cannot make any definite statements as to a state where I am not licensed to practice. However, every state that I have ever heard of has some form of Workers Compensation statute. Here in KY, it is pretty simple. The employer has to be timely notified (not necessarily in writing in the early stages); the injury has to be "in the course of employment" as that has been codified in the statute and fleshed out by cases; and the employee has to have suffered a "compensable" injury.

Regardless of it's wishes, the employer MUST obtain and retain workers comp. insurance. In KY, if the employer has not done so, the state has an agency which handles it in the interest of the employee and then goes after the employer in court.

The employee gives up his/her right to sue the employer by accepting the benefits of the Workers Comp. Act. He/she "accepts" coverage under the Act by not giving a written waiver at the time of employment.
Thus a lawsuit is neither the best way to go nor is it even possible in the majority of cases.

Bottom line: your friend needs to immediately contact her Workers Comp Board and/or an attorney who deals w/ employment law. I'd guess that there must be many hundreds of CA lawyers who deal w/ Workers Comp on a regular basis.