Got Hurt At Work Then Got Fired

An employee injured her back at work.

Got hurt at work then got fired.

No one expects to be fired from work after returning from a painful recovery. Here s what you need to know about wrongful termination and at will employment breach of contract employer retaliation and worker disability. State and federal laws protect workers including injured workers from unjust and illegal firings. I was completely blindsided.

The employer may even look for a reason to terminate you so if you are back to work on light duty work restrictions so you. If you are fired after you return to work from a work injury and are placed on light duty you may lose your workers compensation benefits if the employer can show you were fired for cause misconduct absenteeism insubordination tardiness fighting and so on. Working with restrictions does not exempt you from being fired or laid off like any other worker in the company if you are under restrictions and laid off through no fault of your own however you are entitled to a reinstatement of your wage loss benefits upon layoff rather than being relegated to unemployment benefits which generally do not pay as much unemployment benefits are taxed and. Failure to report secondary injuries and then bringing them up later will look as though you are trying to claim more than you are entitled to.

The third most common mistake is failing to report the total extent of your injuries to your doctor. If you fall and hurt your back but also experienced damage to your leg don t forget to disclose it. How did a court rule. As such you can sue your employer for terminating you after a workplace injury.

One way that you can prove it is to show the timing of your termination. I got hurt on the job but got fired before wokers comp was complete now i cant get a release from the dr for unemployment. If you have been fired from your job and you are not sure whether you re eligible for unemployment benefits check with your state unemployment office in addition to verifying the cause of your termination they can help to make sure you meet the minimum requirements for earnings and duration of employment for your application to be considered. They will help you claim unemployment benefits.

For instance if you worked at an employer for several years before you got hurt or filed a workers compensation claim and then you are terminated shortly thereafter then that is strong evidence that the reason you were terminated was because you got hurt at work. I sprained my back and was told that i could either take over the counter pain meds and ice the hurt area or i could start on pain meds and pyhysical. My vp tried to intervene but i ended up being terminated by my director who had it in for me because i did. There s no question the injury was work related.

I hurt myself at work on the 11th of july and they sent me to their dr. Shelby robinson was a licensed practice nurse lpn with progressive parma care center in. But her employer wants to prohibit her from receiving temporary total disability benefits because five days after her injury she was fired.