welder27

Yeah...I thought unions were in place to protect people from evil "big bosses." And what proof do they have that you fought back? The other guy certainly isn't hurt at all! Stick it to 'em!

On a side note, public schools are getting to be the same way...they'll punish both kids involved in the fight eventhough one of them wasn't fighting. That does nothing but hurt a good kid's self-esteem by punishing the innocent. Maybe it's a new move toward a more liberal society where everybody is guilty until proven innocent.

Joe N.

I think the first thing you should do is contact the union rep and ask for his help. You should talk to the company reps again with the union rep present and if that doesn't give you the results you want then get a lawyer - though you may need a lawyer regardless. If you have witnesses that will testify that your story is accurate then you have a better chance of winning your case. You were attacked because you were trying to take care of a safety issue and the company should be on your side. OSHA might be interested in the company's attitude toward safety.

I bet the company has a policy that says that both parties involved in any fight on the job will be laid off. They just will not take the time to listen to the facts and do what is right. Since this happened on the job you should be covered by Workman's Comp. It will probably take a lawyer to get that but it would get in the company's pocketbook by making their insurance rates go up.

Cowhand

Workplace violence is definitely covered under worker's comp. In addition, OSHA requires that your employer regularly inspect the jobsite for safety deficiencies and take appropriate corrective action. Doesn't sound like this is being done.

Your former employer is looking at a pretty significant claim for your injuries. If you are unable to perform your regular duties, be sure to file for short term disability. Even if you don't collect, the company's insurance carrier is required to hold money in reserve for future disability/medical treatment. This is called an indemnity claim, and insurers look poorly on this. It will definitely have an impact on the company's modifier, which dictates what the company pays for worker's comp and general liability insurance. This affects their ability to bid and win work.

Get your BA involved. Make him earn his money for a change. If all else fails, contact a lawyer, it sounds like you have a great case for wrongful termination. Follow that up with a call to your local OSHA office. Sounds like a sore lack of a safety culture in this company. Complaints to OSHA are anonymous.

If this happened on one of my projects, the company would be loading up gang boxes by noon and headed back to the yard by 1230. Done.

I'm a safety manager for the largest construction manager in the country. PM me if there is anything else I can help you out with.......

Best of luck Tom, and I wish you a speedy recovery.

MnTom

I do have the BA involved. Right after I got "terminated" I went straight to the hall. It just so happened the hall was only about a mile away. I met with the Assistant BA and he is fully aware of what had happened. I also had a phone conversation the night before with him (about two hours after this incident). Right now he is in the process of doing some "fact finding" (talking to the witnesses) and will be talking to the head BA at 8am. I will be meeting with them in the afternoon. I am also in a cooling off mode now so I don't let my emotions take things the wrong direction.
The ***'t BA didn't want me to sign the out of work list quite yet because he thinks he has a position for me with another company. If that is true, I will be doing something I like to do more anyhow. It would be in the HVAC/R field doing service work. I guess I will wait to see what happens after I meet with both BAs.
Tom

goldenears

Contact the Workers compensation board in your area as well. It is the LAW to wear safety equipment on the worksite... at the very least the WCB can investigate and reccomend changes to that Company, maybe even fine them. I hope your'e gonna pursue this to the max, dont let them get away with this.......

AND.....iff'n ya want... we'll all paint our faces black and go have a chat with this fellow one night.

jfpointer

Good luck on getting things resolved. Things like this really make you wonder what's going through some people's heads sometimes. How do they make the decision that they should fire someone who is on the receiving end of the assault? I just don't get it, and clearly I'm not the only one who thinks it makes no sense at all based on some of the other replies.

trailblazenyj

Good luck.

BTW, LOTS of good union HVAC service positions available in the south. You could probably even negotiate a course in learning redneck for free.

Guys from up north always do well down here because they have good gas heat and boiler experience. We don't get nearly the training in those areas around here.

MnTom

Well if anybody can make sense of what happened PLEASE let me know..................'Cause I sure don't know why.
Tom
P.S. Here is what my nose looks like:

BIG&BAD

thats sucks

your nose its that bad

hope you get better soon

for what goldenears said
he might figure out something when we all show up in dodges


bruce

DZLPWR

Broken noses are very serious as you know. Do not let this guy or company get away from you. Take everything to the fullest extent of the law, you did all the right things. A broken nose sometimes isnt just a one time fix at the hospital. A friend of mine has been dealing with a 6 year old broken nose quite a bit over the last few months because of breathing problems.

Just make sure youve got them were you need em' to front those bills to the people responsible.

tankeryanker

I would follow Cowhands advise. Good sound advise. Don't drop the ball on this for putting an end to this sort of thing at the job benifits everyone.
I use to just let things be when I saw them if they didn't effect me. Then one day I saw a guy unloading a truck on a fork lift in a unsafe manor. I never said anything to the guy I jumped in my truck & went out & made my deliveries. When I got back in the yard later that day everyone was acting kind of somber. I found out the guy was killed when the fork lift tipped, he fell out & the thing fell on him crushing him to death. I felt guilty for not saying anything, but I knew the guy would just tell me where to go. Others new how he was, including the foreman.
You did the right thing & this is what unions were first started for in the first place SAFETY. GOOD LUCK

Hoss

I work for one of the largest general contractors / construction managers in the nation and in my experience if there is a fight among people within the company then both people are fired on the spot. However, I have seen cases where the "innocent" party involved in the fight was rehired the next day. I'd definitely talk with the management. If subcontractor's personel are involved in a fight then they are permanently removed from the project.

On that note, if someone seems to make a regular habit out of not wearing their PPE then they too are permanently removed from the project.

Do what you will, but I'd talk to the company you worked for before I talked to a lawyer. Nobody wins in lawsuits except the lawyers.

MnTom

Hoss, in this situation, talking to management isn't really an option if I follow the contract. Everything must be done through the hall. I have been in contact with the BAs on a daily basis. I called the company today to get a first report of injury for workers' comp and they did not seem to pleased to talk to me. From the "attitude" and response from the company regarding this incident, I do not think my returning to work there would be beneficial for anyone involved. There is also a problem of lack of company representation on the jobsite also. Our "foreman" is actually a 5th year apprentice. He was gone from the afternoon of the incident (tues) until thursday morning. There was no one from the company to take over his position during that time also. I have some real "issues" with the way the company handled the whole problem. I have not made up my mind, but I am seriously toying with the idea of getting legal advice. After all, I did not put myself in this position.
Tom

030303

On a more happy note, didn't I see that mug in the post office!
(Sorry brother, I couldn't resist)

Lary Ellis (Top)

Tom, that picture looks like your Wife may have told you to shut up!......and you thought she said Stand up!

Good luck with getting this resolved. I would file charges for assault against this guy as well, you get a judgment against him and it can take care of future medical needs for that proboscis

Not too mention it will be in your favor should you have to take a legal stand against your former employer for wrongly firing you.

I hope it doesn't have to come to a legal battle, but either way, that guy assaulted you and should be forced to pay for the damages.