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  1. #1
    Join Date
    Jul 2007
    Posts
    4

    Default Can I be laid off if injured at work?

    Hello all i`m a electrician and work in indiana i was injured at work when i was doing my job a production forklift driver decided to turn around in the maintenance department and did not see me and backed into me smashing me into a peice of equipment lucky to be here writing this. Well i received a herniated disk between 5-6 normal cuts bruses etc. I have not missed any time from work so far under a load of restrictions. In pain every day i would really like to know what to expect long term? Also there is a big lay off coming can i be laid off? what actions can i take not to be kicked to the curb?

  2. #2
    Join Date
    Jul 2007
    Posts
    4

    Default Re: can i be laid off if injured at work?

    Just wanted to add a few more details the workers comp doctor told me i should look into another line of work that my injury will only get worse if i stay in my line of work. so does w/c pay for teaching me a new trade or do i become a mcdonalds drive threw person?

  3. #3
    Join Date
    Apr 2007
    Location
    cincinnati,ohio
    Posts
    765

    Default Re: can i be laid off if injured at work?

    i have been told that i could flip burgers at mcd.s. but no one could explain where could lay down when i get the back,hip,leg pain.

  4. #4
    Join Date
    Mar 2007
    Posts
    42

    Default Re: can i be laid off if injured at work?

    well iam so sorry you have gotten injured in this state let me tell you if you dont have an attorney get one ASAP!!! this state has the worst w/c in the united state they will try everthing to break you befor doing anything for you when i hit mmi they told me to get vocational rehab let me say there is no voc rehab in indiana all they do is try to put you in any low paying job they can the first will be tele mareting paying 5.50 an hour w/c will play every game they can too get you so broke too force you to settel for pennies on the dollar they dont give a ratys ass about you and you need to ask your employer asap if you have long term disabiliy insurance through your insurance provider this paper work has to be filled out when you are still employed and let me trell you from personal experiance your employer will not tell you this unless you ask if you have any questions feel free to email me i have been going through this w/c bullshit for going on two years and would be more than glade to help if i can GOOd luck

  5. #5
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: can i be laid off if injured at work?

    Having a work injury or filing a work comp claim does not grant you special immunity from layoff or termination.

  6. #6
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,928

    Default Re: can i be laid off if injured at work?

    Shew Confused in in, did you have to take a breath between sentences? LOL ......

    Baja, if you would otherwise be included in the lay off having an on the job injury does not change that.

    If there is a very strong posibility that your doc is going to take you out of work due to the injury you need to see that happen before the lay offs come around. If you are already on lay off and haven't faound another job it can effect any unemployment compensation benefits you might otherwise be entitled to. Just something to chew on.

    Steel
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  7. #7
    Join Date
    Dec 2006
    Location
    Pa.
    Posts
    925

    Exclamation Re: can i be laid off if injured at work?

    Steel is giving you very good advice, as usual, But you really need a Certified w/c Attorney before Layoff if possible, to Protect your Rights! If you don't protect them, no one will!!

  8. #8
    Join Date
    Jan 2007
    Posts
    428

    Default Re: can i be laid off if injured at work?

    Good old .SH. You can always count on His LONG WORDY replies, LOL!
    Confused!!!!!!!!!!!
    Where Ya been Dude??? I've been thinking about ya, kind of got worried.
    Glad to see you're still Kicking and screaming, LOL!
    Listen to what Steel and Confused say. They know what's going on and have been in this Nightmare for a while.
    As to .SH's reply. He's right, just not too empathetic...
    I think He does that because He trolls this Board all over the place giving advice and doesn't have Time for long replies. In fact, I'm going to go see if He's learned Spanish and is posting on that I/W Board as well, LMAO! Sorry .SH, toooo easy.

  9. #9
    Join Date
    Jul 2007
    Posts
    4

    Default Re: can i be laid off if injured at work?

    Hello all thank you for all the advice i do have short term and long term disability insurance that i pay for every week threw work. I have a appointment this week to talk to a lawyer. I also talked with indiana`s ombudsman and she told me my back is worth 2-30k max pay out wow lol she also told me that she was surprised that the w/c doctor still has me on restrictions and has not wrote me off yet. I have a appointment this week with him w/c doctor so i won`t be surprised if he tells me i have done all i can for you. Have a good life. He also said last time i should look at a different line of work? As soon as he takes me off restrictions i will be laid off because my company won`t want a lost time accident there bonus`s and raise`s are based on safety and proformance. It is a no win battle it seems like me against w/c , the companys w/c carrier , and my company,
    I will let you all know how this week plays out. Thanks steve

  10. #10
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,928

    Default Re: Can I be laid off if injured at work?

    Baja make sure that appointment with the lawyer is BEFORE the appt with the doc. Even IF you have to reschedule with the doctor. If he releases you to RTW FD and they in turn lay you off it could be ugly for you. Most STD and LTD policies preclude use for a WC injury. AT best you MIGHT be able to draw unemployment from the lay off. At worst you will be between a rock and a very hard place. If you end up getting worse, and with a spine injury you never know, you are not eligible to draw UEI as you must be ready willing and ABLE to work to draw UEI. IF you are already laid off WC will not pay and will tell you that the reason you don't have income is due to the lay off not the injury. Tread very lightly Baja and like I said see the attorney before going to the doctor this week.
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

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