I worked at walmart for 2 1/2 years in the frozen/dairy dept. On Aug 1st 2009 I was pulling a pallet to the dairy dept weighing up to or more than 500 lbs. While pulling the pallet i felt a pain in my lower back the associate that was helping me push the pallet as i pulled noticed i had pain and suggested i not pull the rest of the truck. Once she left the cooler i texted my dept supervisor to let him know that I thought I might have pulled a muscle or something and that I might not be able to finish all ofthe duties he assigned me. He told me to do what i was able and to report back what wasnt finished and how i was feeling.
The next day I showed up for my shift in obvious pain. Limping and having a hard time standing and walking. Although I was in pain I felt uncomfortable asking to leave because i had recently transfered from nights to day shift. I asked my supervisor what he thought i should do and he asked if i had reported the incident. I told him no but I was most likely gong to that day. Unsure of what consquences I might receive I began texting friends and family about my pain throughout the day. Most agreed that i should go to the Emrgency Room. After working 4 hrs my back pain started to go down my left leg with a stinging, burning sharp pain.
Before going to lunch i decided to talk to a manager about the pain and what may have caused it the day prior. I asked the co. Manager if i could just clock out to go to the E.R. He responded with 'leavng before your shift will be considered missing a day and because i just went to days i may lose my position.' angry and in pain my response was ' so i cant go to the hospital from being in pain caused the day before from pulling a pallet?' again he just told me i might lose my position if i left for the day but he couldnt tell me not to leave. He also suggested I go to lunch and rest for a bit then when i got back to find him b/c he had more assignments for me. During my lunch break i called and texted people abot the managers respnse. After clocking back on i just went to my dept. And attempted to finish my duties.
The pain became intollerable and i sent messages to people i worked with and family stating my job wasnt worth the pain i had and the thought of it serriously imparing me wasnt worth it I was just going to walk out. An associate replied saying he was gonna talk to management and not to leave untill a different manager came to talk to me. The second manager came as i was out stocking eggs and talking to a customer who asked if i was ok. She saw me leaning onthe shelves crying and trying to work. After talkting to the manager i decided to clock out and go to the ER
I was given a doc note for no work for 3 days and to follow up with my Primary care DR. My diagnoses was hearniated disc and pinched nerve. I made copies for my Supervisor, the Dept manager, and the store manager about being out for the 3 days. I called the next day to see if any of those managers received the report Amazed NONE have received it. I guess the manager working the day before didnt give the copies to them as asked. While talking to the store manager she mentioned to me that a doctors note doesnt excuse my days off and that it was just saying i was going to miss my shifts. That i was still going to be counted as calling in for those days making it possible to get a write up if not termination for calling out.
I was also told if i was going to miss more than 4 days i needed to fill out a LOA form My Dr. Signed it giving me 2 weeks off and given PT along with meds to help with the injury. When i turned in the LOA i wasnt sure of what box to check Workers comp or personal illness. So I was told to leave it blank untill an answer was found. After the 2 weeks my Dr put me on light duty work. However Walmart refused to allow me back to work untill i was 100% better so my Dr kept filling out LOA forms monthly. Nov. I called the DES office to file for assistance because i had a 1yr old to care for. I was told that my status was showing my employment was terminated. I got in touch with a workers comp attorney and filed a WC Lawsuit. From the time i filed till the court procedings i kept in touch with my supervisor and had 3 employees who were going to testify on my behalf 2 of tem were terminated prior to the court procedings and my attorney didnt think it was necessary to summon any of the people i texed the day I went to the ER to testify he also felt it wasnt necessary to have the customer i talked to testify.
I also filed for unemployment because I was told I was terminated and couldnt get in touch with anyone at walmart. They denied it. Saying i voluntarly left that i failed to report back after my LOA was up. So from having zero income and a baby i was unable to make my car payment, phone bill, and rent. I lost my almost paid off car, had a friend help pay my phone and rent. And was struggling to care for my son.
After going to Industrial commission office for court the judge denied my claim and favored for walmart. Because 2 of my key witnesses were recently terminated so they were not reliable and somehow the LOA papers i was told to leave blank were checked in the box for personall illness. Walmart claimed I injured my back in dec from moving. However, I did move in Dec I did none of the lifting why? Because my son was born 10/31 he was a month and a week old i was still on maternity leave. And had witnesses willing to testify that they were the ones helping move boxes and heavy items but as my attorney said it wasent nessessary for everyone i knew to testify.
So what am I saying??? Well its obvious Walmart is a multi billion dollar company so of course they could easily do what was necessary to make me and forner employees look noncredible. Easy to have all managers testify all saying i tolf them i injured my back when i moved. Managers that werent even working that weekend testified that i told them i was in pain!!! How can I tell someone anything if they werent even working those days or managers I didnt even talk to that weekend? Now its FEB and I still suffer chronic back and severe leg pain making every part of my life painful and miserable. I cant lay down on my back, stomach or either side without uncomfortable pain. I can only Stand for about 7min untill pain begins. I have to sit a certain way to be comfortable for a few min. My son is now 3 and its hard to function like a normal mom taking him to the park or zoo because the pain gets so bad. I take 120mg of morphine, 20-80mg of oxycodone, and 20 mg of valium DAILY! Is there anyone out there that can help me find a solution? I just want to go back to my life before this Work Related Injury.
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