Should I go back to my old job after this accident?

[ironpony]

A couple of years ago, I worked a factory job and the machine I operated kept shooting out metal rods when malfunctioning.  We would get a mechanic to fix it, but it would always go back to malfunctioning a lot.  One day a metal rod shot out and stabbed me into the neck/chin area.  We have safefy goggles there, but of course that just protects your eyes.  So I had to go to the emergency room and I was told later that if it was an inch lower I would be dead probably.

So they gave me some paid days leave and then I came back but I was really frustrated over it since the machine kept malfunctioning and doing that and I didn't want to risk being stabbed again after.   I eventually found another job that was less dangerous and I resigned and went to the next job.  Later that job went out of business later, and there were lay offs, so that didn't work out.  When I resigned though, they didn't even pay me for the last 3 days.  I emailed them about it, and no responses back then, but I just wanted to move onto the next job and just move on and not put up much of a fight about it.

However, now they are looking for new people and I see job adds posted, and I coincidentally ran into my old supervisor from there, offering me a job if I want to come back.  Should I go back since it's a job, or should I set my sights on something higher after such an experience do you think?  I mean the machines could be changed around for all I know now, but what do you think?

[trident_2020]

maybe you can wear something similar to a catchers mask.

 

[Wiseman2]

Talk to an attorney.

[Ruby Slippers]

Unless I had absolutely no other options and really needed the money, I wouldn't work at a place that knowingly keeps dangerous equipment in operation and stiffed you on pay when you left. I've worked at unsavory places at times in the past, just to tide me over, but aggressively searched for something better and moved on as quickly as possible. 

[basil67]

I think you should ask your friend if the machines have been fixed.  If they haven't been fixed, don't go back.

As an aside, do you have an agency which investigates Occupational Health and Safety issues?   This should have been reported.

[ironpony]

Oh well the former supervisor who asked me to come back...   is the same supervisor who said the machines have been fixed multiple times and it kept malfunctioning and shooting out rods multiple times over and over though.

Yes we have an agency that does that.  But the agency does is fine them money in the past, and the boss was always content to pay the fine though, and never actually did anything to fix the problems much.

Edited February 10, 2021 by ironpony

[d0nnivain]

At the time of your accident you had 3 months to make a claim.  If You Have an Accident - What to do and how to do it - Canada.ca:   www.canada.ca/en/employment-social-development 

That time has long past if you had this accident years ago. But you should be aware of your rights going forward. 

You might do well to go on the interview & make further inquiry of the interviewer about the machine.  If it has been replaced or if you would be doing a different job that might be OK.   

[ironpony]

Oh okay, but there were other dangerous machines there too.  One of them I almost got elecuted on before for example.  Or at least I was told by another co-worker it would have almost electructed me, I am not physics expert.  So I thought that factory machine work was dangerous anyway you cut it, but maybe not?

As for making a claim, what should I have made a claim for?  Settlement money?

[d0nnivain]

You should have made a claim for workers' compensation benefits.  They would have paid your medical bills & given you other money.  Read the link I sent you.  I am not a Canadian lawyer so I can't say with any certainty. 

If many machines were malfunctioning  & the place is unsafe, don't go back.  It sounds like you don't want to go back, so don't.  It's as simple as that.  

[Wiseman2]

19 hours ago, ironpony said:

As for making a claim, what should I have made a claim for?  Settlement money?

Consult an attorney. They will tell you whether you have a case or not, depending on what facts you can prove.

[ironpony]

Oh okay I figured maybe I should just leave and not try to make drama with it but should I have done this back then, rather than now?

[d0nnivain]

2 hours ago, ironpony said:

 but should I have done this back then, rather than now?

You probably can't do it now.  Too much time has passed.   

Again I am not a Canadian attorney so you best consult one.  In the future do not sleep on your rights.  

[ironpony]

Well also I had recommendations on my resume from the place, and I didn't think I would get them if I decided to sue.  But should I have just went for the suit, for next time if something like that were to happen?

[trident_2020]

Depends on how severe the injury was. If the next time you get your head chopped off it could be worth some big money.

[d0nnivain]

12 hours ago, ironpony said:

Well also I had recommendations on my resume from the place, and I didn't think I would get them if I decided to sue.  But should I have just went for the suit, for next time if something like that were to happen?

Filing an administrative claim for WC is not suing.  If you genuinely got hurt through no fault of your own any employer with integrity will not wrongfully withhold  a good recommendation based on your performance over a valid claim.  

Whether or not you make a claim after a work related injury or any time of accident is a personal choice that involves several factors including the severity of the injury & how much permanent damage results.  

[ironpony]

Oh okay.  Well I felt that if I filed a claim, then I would not have gotten good references from them for my next job, if they knew a filed a claim against them.  So what is more important then if it happens again?  Filing a claim, or getting references for a next job?

[d0nnivain]

28 minutes ago, ironpony said:

So what is more important then if it happens again?  Filing a claim, or getting references for a next job?

Only you can answer that Q.  But if the claim is serious enough -- you get so injured it limits your ability to work in the future -- not having a good reference will hardly matter, now will it?  Again. most employers do NOT hold it against you if you file a WC claim.  It's why they have insurance.  

[ironpony]

Oh okay.  So what does the claim do then, just get me money for my time off to heal?

[Wiseman2]

34 minutes ago, ironpony said:

Oh okay.  So what does the claim do then, just get me money for my time off to heal?

You can talk to an attorney For Free. Call an attorney.  

[ironpony]

Oh they charge for calls where I live but I can try.  I just meant what is the concept of the claim more so.

[Wiseman2]

Just now, ironpony said:

Oh they charge for calls where I live but I can try. 

Who told you this? Personal injury attorneys Work On Contingency. You Can Not get free legal advice on a forum,. You Must speak to A Personal Injury attorney. If you don't have a case they'll tell you right away as to not waste their time. 

[ironpony]

An attorney on the phone told me this.  I was calling for something different but I thought it applied in general perhaps since that is what he told me.