Newark, CAJohn (not his real name pending a California labor lawsuit) was unloading a truck at work when the driver jumped into the cab and started to drive away. John's complaint isn't about the injuries he suffered but about unsafe work practices. As well, he was drug tested at the time of the incident but the driver wasn't and John believes the California state labor law requires everyone involved in a work-related accident is required to be drug tested.
"In August, 2008 I was working for a food distributor—unloading a truck of milk crates-- and a driver thought the vehicle was unloaded so he jumped into the cab and drove away, not knowing I was in the back," says John. "Trucks on either side were empty so he must have thought they were all empty. I hit the wall of the cab a few times to let him know I was in the back but apparently he didn't hear me.
He pulled away and lunged forward quickly, knocking me to the ground. As he turned a corner to back the vehicle into a parking spot—about 30 seconds later—a metal load bar holding a freezer curtain fell down on top of me and hit me on my hip. Fortunately someone else driving into the loading zone saw me lying in the truck and yelled at the driver to stop. He was surprised, to say the least.
I limped out of the truck and the driver told me not to report the incident. But I went to my supervisor and filled out several reports. They tried to investigate the incident themselves—they just wanted to make sure that what I said actually happened. They concluded that what I said did indeed happen but they weren't too happy with me: I guess I was an extra hand that slowed them down. Plus I was one less person on the floor, unloading the truck.
This is my California labor law complaint: The driver pulled away in the wrong vehicle; the accident was improperly reported; and the driver didn't get a drug test although he has prior injury accidents. I think they didn't test him because they are short on drivers and one more incident may have terminated him from the company. And they would have been short a driver for the route that night.
I went to the doctor and the health insurance company told me that I would be covered for the rest of the day and to come back the following day for a better assessment. My doctor wrote on my medical report that I could return to work with limited weight restrictions so I went back to work with his order the next day. But my employer told me not to come back to work until I had no restrictions. So I am still collecting Workers Compensation and waiting to go back to work. I recently saw a hip and back specialist. and had an MRI which determined that I have a lower lumbar injury.
No doubt I will be fired when I return to work because of the way the accident was handled and when I was injured they tried to talk me out of seeing a doctor. The company is close to my home and I have seen the same driver in the yard, driving and working for the company like nothing happened.
My attorney believes I have a good case and I may get monetary compensation due to loss of wages and benefits because they refused to offer me modified duties but I want my job back and more importantly, I want a safer workplace; I would like to see some changes."
If you report an unsafe condition in your workplace, the California Labor Law protects you from retaliation. It is illegal to discipline, or terminate an employee who makes a complaint to a government agency, or his employer because of a refusal to enter an unsafe or dangerous workplace.
The California Labor Code (Section 6300) states:
Any employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because the employee has made a bona fide oral or written complaint to the division, other governmental agencies having statutory responsibility for or assisting the division with reference to employee safety or health, his or her employer, or his or her representative, of unsafe working conditions, or work practices, in his or her employment or place of employment, or has participated in an employer-employee occupational health and safety committee, shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure, arbitration, or hearing authorized by law, is guilty of a misdemeanor.