An employee is wanted to take legal action?
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An employee is wanted to take legal action?
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An employee of my mother is wanting to take leagle action againt the company is he able to
Firstly its a private mental health nursing home the employee was escorting a resident back to his room after the resident had assulted anouther resident which he is fully trained to do so. when he claimed he twistd his thumb
1 he did not report any insident to the nurse in charge so no insident was reported
2 he left work and turned up the next day still no report of the insident went into the main office, found the accident report sheets and filled one in and then filled in the residents insident report sheets bearing in mind this is at least 12 hours after the insident
3 then told the same nurse about the insident and set he felt like he needed to go to hospital, so went to hospital then came back with a sick note claiming he had fractured his thumb and took 3 weeks off
4 with in these 3 weeks he turned up to work three times wich he drove twice just to drop in and once to complain.
Additional Details
I no its abit confusing but basicly his he able to take legal action. due to him not following the procidure (thanks btw) and not realy being able to prove he even did it at work (he had all night to get the injury)
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Princess Leia
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Are you trying to say he wants to sue his employer for the injury that he alleges occurred during his employment/work shift?
If so, in many states, such a lawsuit would be barred by the exclusive remedy of the workers' compensation laws. I do not know what state you are in, but in California, it would be barred.
Now, he could always sue the resident who allegedly twisted his thumb but if the resident was mentally ill, I don't know if the employee could win.
Check to see your state's laws to find out if he is barred by workers' compensation laws to sue his employer. |
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Captain Sarcasm
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I would love to answer your question but I can't make sence of it, sorry but what are you asking? |
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jeanimus
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Your mum should have a policy in place regarding reporting accidents/incidents. If this isnt followed properly then the employee cant make a claim.
If it has been followed properly then she will need to ask for medical reports etc. to prove that the injury is real. the fact that he can drive for no real reason would indicate he is not that badly injured.
But if he does try to sue her, she will need a lawyer/solicitor. |
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kapn
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His word against yours........ |
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