By TexasGirl24 - 10/09/2016 12:51 - United States - Houston

Today, I was making a shake at work when the cup fell off the blender. I went to catch it, and instead caught the teeth of the still-spinning mixer. When my hand was still bleeding five minutes later, my supervisor told me to clock out until it stopped. I lost money for getting hurt on the job. FML
I agree, your life sucks 11 636
You deserved it 1 223

Same thing different taste

Top comments

Your milkshake brings the lawyers to your yard!

I could represent you, but I'd have to charge.

Comments

Did the supervisor have you fill out an incident report? You need to go above your supervisor to HR and explain the situation. You could get workers comp.

You got hurt, whilst doing non work related tasks, after being clumsy and then doing something stupid. And for that all these people are saying you deserve a pay out? Seriously?

Her job might be to make shakes? Didn't think of that did you? Ignorant

It sounds like they probably make shakes for their job, like a juice place or anywhere that makes blended drinks. As in they got injured doing their job. A lot of those places have blenders where they just put the blades in the cup and mix it inside. It sounds like a very honest mistake, not like they just put their hand in a blender.

Like the other 2 said, for all you know, making the drink was was part of her job. And the accident was just that, an accident. She wasn't doing something stupid, an item was falling and it was probably just an automatic reflex, because that's what you do when something starts falling, you try and prevent it. You've probably done something similar, most people have. Mistakes happen, get over yourself.

Nah I don't. I drop a knife to the floor, or spill hot liquid i get out of the way and fast. Frankly it baffles me that you'd be so stupid to try and catch something like that.

People don't have to react the way you do. For example, I work around a conveyor oven and things regularly get pushed off the edge onto the floor so my immediate reaction is to grab the roasting hot dish of food (regardless of it burning me) instead of letting it fall because I have to pay for dropped food. So now my reaction whenever I drop anything is to always try to catch it. My reaction would be different from yours so don't assume everyone would react in the same way.

Is part of your job making smoothies or were you just making one for yourself? For Workmans Comp to apply, it has to be a work related injury (I checked Texas specifically). Not a very understanding boss either way. Seems a little petty to have you clock out if you were able to return a short time later. I hurt myself at work about once every two years and even though some of them have been for stupid reasons, they were work related, so I was covered. However, it's kind of expected in my line of work. I hope your hand is feeling better. And you can't sue unless it was willful negligence on their part.

mariri9206 32

You shouldn't work if your hand is bleeding and they got cut by a blender. Their hand was still bleeding five minutes later. No one had any way of knowing when it would stop bleeding. Should they have just let OP stay, unable to work, to wait and see when/if it would stop bleeding so OP can go back to work instead of having them clock out, go home, and be able to actually get it looked at?

Except you can go get your wound taken care of without worrying about clocking out. It's not a mutually exclusive situation. No one is saying stay clocked in and not tend to the hand. They are saying don't worry so much about the clocking in and worry more about making sure the situation is handled correctly.

Isn't that Worker's Compensation? Isn't it illegal to not pay you?

mariri9206 32

It would be illegal to not pay compensation for getting hurt on the job while doing a job related task or getting injured on the job due to the company's negligence but it is not illegal to not pay your employee if they are not working/cannot work.

A follow up is needed OP. For instance, if you work at a smoothie shop and got hurt while doing your job, that's totally illegal. But if it was your lunch break and it was for personal purposes, your boss may have been within his rights.

They can't make you clock for that and they have to pay for all injuries sustained in the job, it's the law.

I would definitely go to HR or a higher up manager because you are supposed to get paid for the days you miss because of a work related injury. It's kind of a frustrating process if you are dealing with idiots but it's worth it.

OSHA is in regards to safety regulations at work, and nothing in this post implies that there were unsafe working conditions in the first place. The injury was caused by a blender; unless they can prove that the seating of the blender was broken and they were forced to use it after citations were made or that they were required to use non-OSHA approved step stools or some such, it's rather irrelevant to say "OSHA is federal"

Legally they can't have you working while bleeding from a deep wound.