Can You Be Fired While On Workers Comp

anonymous · 10-13-2003, 10:54 AM

I was put on workmans comp. for 6 weeks
for I had tore the ligaments in my right foot and the tendons. I was put on setetary duty, at first I had asked my employer was there any setetary work and he said no. So 4 weeks go by and I get a call from my workmans comp. rep. She said that i was suppose to be getting a call from our secretary that day, that they had some work for me to do. That was on a Thursday,I didn't speak to them until that following Monday. Then during the conversation with the owner of my company, I come to find out that I was let go. This is the only time I have ever been injured on a job.I would like to know is it illegal for a employer to just fire someone on workmans comp. If it is should i take legal action, or do I even have a case. thank you.

anonymous · 10-13-2003, 11:39 AM

Go to the main forum and read rickandkryss post under DID ANYONE GET LAID OFF BECAUSE OF THEIR INJURY. I think you may get some help there or at least a thread on which to ask questions. Keep records, avoid verbal, document and log all phone conversations from whom and about what. Becarefu what you sign and ask for everything in writing. Remember you have NO friends in w/c. Good Luck.

anonymous · 10-13-2003, 04:06 PM

No. Filing a work comp claim doesn't give a worker immunity from termination. If you believe it was retaliation for filing a claim you can file a discrimination complaint.

rickandkryss · 10-13-2003, 07:02 PM

Actually if you feel you were laid off because of your injuries it is a discrimination claim. I belieev it states if you were let go due to a forseeable disability or a current disability. This law also protects you from your employer not following your restrictions while your working and healing. However,it is important that you prove you were let go due to your physical condition. A lot of people on work comp do not realize that even on work comp we are protected by other laws. You can not be discriminated against for any disability and people who are disabled at work are no different.

anonymous · 10-14-2003, 08:05 AM

How would you know what "it" states unless you know what state laws apply? If your are refering to Federal ADA discrimination, it's separate from a states work comp discrimination.

anonymous · 10-15-2003, 04:48 PM

SEMPER FI "Friends in Pain"
Today I receive my final rating from the WorkersComp Doctor. I was rated 45% permanent partial disability, what do this means Dollars for me. My treating doctor rated me whole body at 61%, I am waiting on a hearing date so the Commissioner can settle this for me.Can someone ease my mind and tell what do 45% means in dollars and can I take a lump sum payment to invest my money. THANKS FRIENDS SEMPER FI FOR LIFE!

anonymous · 10-22-2003, 05:31 PM

Texas has no provision for lump sum settlements, unless you have returned to work for at least 90 days. The 45% rating will equate to 135 weeks of Impairment Income benefits. The weekly amount will be 70% of your average weekly wage at the time of your injury, not to exceed the maximum rate. After the 135 weeks are paid, you will be eligible for Supplemental Income benefits, if you are still unable to work due to your injury. These benefits are paid monthly, and you must qualify for them quarterly. The total number of weeks you can receive, for all benefits paid, is 401. At the end of 401 weeks, no more income benefits are due. You are still entitled to medical benefits, for life, if medically necessary. If the carrier tries to cut you off, call the Medical Dispute Division of the TWCC. They have ombudsman to assist you at no charge.

**tony** · 10-23-2003, 12:51 PM

Due to the fact that they told you that you where "let go" because of no work, you don't have a case.It's common here in michigan to be fired for getting injured.there's no law stating that they have to hold your job.Now if they came right out and said "You're fired because you're disabled" that would be a different story.Even then,like in my case this really happened-no attorney will fight for you,there's no money in it for them and they're not going to fight for principles.

anonymous · 10-23-2003, 04:04 PM

And, do you think an employer is stupid enough to say to you, "you're fired because you have a disability now." Huh Huh what a laugh. They know all the ways believe me. Few injured workers will win on losing their jobs. The trick we all must face is finding another to hire us. That will be the difficult task.

lil · 10-23-2003, 06:38 PM

has any body ever heard of americans with disablites act?ask an attorney they might be able to file disrimanation suit,employers cant refuse to hire someone because they are disabled why should they be able to fire them because they are?check it out just might help