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Department of Labor

The Department of Labor fosters and promotes the welfare of the job seekers, wage earners, and retirees of the United States by improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and health care benefits, helping employers find workers, strengthening free collective bargaining, and tracking changes in employment, prices, and other national economic measurements.

In carrying out this mission, the Department administers a variety of Federal labor laws including those that guarantee workers' rights to safe and healthful working conditions; a minimum hourly wage and overtime pay; freedom from employment discrimination; unemployment insurance; and other income support. (DOL's mission statement)

Perhaps you are working for the DOL or interested in working for the DOL. Here is a forum to share your experience with the DOL.

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Gted72  
#1 Posted : Tuesday, August 08, 2017 7:12:39 PM(UTC)
Gted72

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i am currently not working- using up my sick time since the DOL for workers comp is taking they're time in my case. When I fist got hurt they labeled it as a shoulder contusion, however it's wrong. The way i was sitting at my desk i couldn't have injured my shoulder it was my back & spine. So now the pain is too much to bear and they have to reissue a new case, and try to find a doctor who will see you without a case #

Also, friends and family have told me to contact a lawyer; since the floor fan that fell on me was on top of the desk and manager caused it to fall - negligent.

Any thoughts would be appreciated. thanks
ex-military  
#2 Posted : Wednesday, August 09, 2017 9:23:49 AM(UTC)
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Originally Posted by: Gted72 Go to Quoted Post
i am currently not working- using up my sick time since the DOL for workers comp is taking they're time in my case. When I fist got hurt they labeled it as a shoulder contusion, however it's wrong. The way i was sitting at my desk i couldn't have injured my shoulder it was my back & spine. So now the pain is too much to bear and they have to reissue a new case, and try to find a doctor who will see you without a case #

Also, friends and family have told me to contact a lawyer; since the floor fan that fell on me was on top of the desk and manager caused it to fall - negligent.

Any thoughts would be appreciated. thanks


First, how did a "floor fan" get on top of the desk? Who put it there? Did the manager throw the fan at you? That would be criminal. Did the manager bump into it and it fell on you? That seems more "accidental" than negligent.

Second, lacking other details, I am guessing the fan hitting you caused your issues? Did this thing weigh a ton? Or are you especially brittle? I am just not understanding the situation, because I don't see how a fan hitting you while you are sitting at your desk can possible cause as much damage as you describe.
edalder  
#3 Posted : Friday, August 11, 2017 4:39:30 PM(UTC)

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Workers' comp is essentially "no fault" in nature. Ergo, whether the manager was negligent or not generally is a "non-issue" in workers' comp. If his behavior was criminal, that's another matter entirely, but I am guessing that is not what happened. While there are some limited exceptions (criminal behavior might be one), generally your sole remedy for most work injuries is workers' comp, not tort law. I suspect that your friends and family are not lawyers.

I am not clear about why you need to establish another OWCP case, if the SOLE cause of your spinal conditions was that falling floor fan. I think what you need to do is to try and expand the accepted conditions in your existing OWCP case to include the spinal issues. You probably need a detailed medical report from your attending physician that explains how this event caused these spinal conditions.

Like ex-military, I am having a hard visualizing the mechanism of these injuries. Did you twist awkwardly in a certain way so as to deflect the fan from hitting your face, etc.? You might want to prepare supplemental statement about what happened. If you initially filed your claim electronically, you may not have had enough space on the electronic form to fully explain what happened.
Kivi
ex-military  
#4 Posted : Tuesday, August 15, 2017 7:40:59 AM(UTC)
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No reply to questions. Interesting...
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