View Poll Results: can you be terminated while on worker's comp ?

Voters
8. You may not vote on this poll
  • fired while on work comp.

    7 87.50%
  • lawyer says no options to termination

    0 0%
  • terminated because not active for 90 days

    1 12.50%
Multiple Choice Poll.
Results 1 to 9 of 9
  1. #1
    Join Date
    Feb 2008
    Posts
    3

    Default Fired While On Workers Comp

    Just like most of you i have a long story to tell ! But will try to make this short. My question is, "Can you be fired or released while on worker's comp. ? My former employer released me due to being inactive for over 90 days. While on i was on their work comp. insurance. They released me 1 week before my 1st surgery. I have been on work comp for almost 3 years now, still drawing weekly check, had two surgeries for neck fusion - first one turned out bad, did not fuse and still waiting on the second surgery, acting like the first ! Lawyer says theres nothing i can do, i have no rights, just wait and see what happens, "be thankful i get a check once in awhile" ! Almost died after 2nd surgery due to blood clots, which the doctor was warned aboutand work comp was warned about, but work comp would not okay the medicine to control the problem after surgery ! Help, Need some friends and answers !

    dutch8080

  2. #2
    Join Date
    Sep 2007
    Posts
    90

    Default Re: Need Help! Fired While On Work. Comp

    Hi! Isn't this just a wonderful system??? Your lawyer sounds like a jerk!!!! I think I'd find a new one!! Of course the IC will try and robb you of what you need, but medicine to keep you from getting clots??? BULLSHIT!! Your lawyer better be demanding an emergency hearing!!! That's not right at all!!! I wish you luck!!!!

  3. #3
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Need Help! Fired While On Work. Comp

    yes workers comp does not give a worker immunity from termination. If your employment is covered by FMLA then you have up to 12 weeks of job protection.

  4. #4
    Join Date
    Feb 2008
    Posts
    3

    Thumbs up Re: Need Help! Fired While On Work. Comp

    Quote Quoting unhappy1 View Post
    Hi! Isn't this just a wonderful system??? Your lawyer sounds like a jerk!!!! I think I'd find a new one!! Of course the IC will try and robb you of what you need, but medicine to keep you from getting clots??? BULLSHIT!! Your lawyer better be demanding an emergency hearing!!! That's not right at all!!! I wish you luck!!!!
    THANK YOU FOR YOUR REPLY ! Buts thats not all ! lol First fusion did not work at all ! During 2nd surgery after a year and 1/2 they found out the reason it did not fuse - bad kadaver chip and infection set in ! I was on antiboctics for 8 weeks - still do not know if infection is gone - only way to really know is to open me up again ! lol and now after 7 months from the 2nd surgery, same effect only half healed ! Lawyer doesn't care, work comp. does not care, doctors do not care - they all just want it to end and get their money ! I'm only half healed and they want me on work harding and my doctor says he has done all he can do for me ! My lawyer says to find a job as fast as i can ! lol They still have not released me and still do not know any limits ? They have cut off all treatment and medication ! need to hear more from you and others, as to what to do. lawyers in this town all cover each other, and say the same thing ! Need help fast, before i lose everything ! But thanks !

  5. #5
    Join Date
    Dec 2007
    Posts
    775

    Default Re: Need Help! Fired While On Work. Comp

    Another heartwarming story!
    You may be able to file a complaint with w/c or other state officials. If you were eligible for FMLA it should have been offered. I can look right now, but someone has posted a link to Family and Medical Leave Act information or you can google search.
    The bad cadaver chip may be an interesting issue for a separate attorney. The best way to prevail is to try the best that you can with the proposed treatments, because "bucking the system" creates more issues (I don't agree with this, but it may help keep the money flowing). You don't have to win every battle, just the war.

    It strikes me that the lawyer is the biggest problem since your turning elsewhere for help. There's lots of issues. If you attempt to replace lawyer, you have to proceed carefully. Saying to a new prospective lawyer that "my existing lawyer is a jerk" will alienate you before you get started. If you approach a new prospective lawyer calmly and explain that you are dissatisfied with current representation for valid reasons, you have a better shot. No lawyer wants to inherit a headache (don't take personally, were talking strategy) so how you present yourself and your problems will help you be successful in obtaining alternate representation if you wish to do so. You have to appear to be a good client with a bad lawyer, not the other way around. I'm on #3.

    Some one is responsible for the bad bone chip. Who?

    What can happen in a situation like yours is that since everyone agrees, your doc, your attorney, the insurer etc., then you must be some kind of problem patient/client. You want to avoid getting painted this way before the worker's comp authorities. I've been in your situation so I understand. You need more help than you're getting. Try to stay calm until you find it. Don't even think about settling (which will come up shortly).

    This is a good place to find help, and there's many here who have been through this crap. Stick around and keep reading. Especially, on how to find a good lawyer.
    Last edited by lost in connecticut; 03-11-2008 at 05:01 PM.

  6. #6
    Join Date
    Nov 1971
    Posts
    177

    Default Re: Need Help! Fired While On Work. Comp

    I was injured June 1, 2004 and sent a "termination" letter effective October 27, 2004 because I hadn't returned to work. You have no protection.

  7. #7
    Join Date
    Nov 2006
    Location
    Ohio
    Posts
    324

    Default Re: Need Help! Fired While On Work. Comp

    Referencing the Poll on this post.

    Ohio law

    Yes, you can be fired on workers' comp. There is nothing in the law that protects an injured worker from being terminating for any reason.

    HOWEVER, IT IS ILLEGAL TO TERMINATION AN EMPLOYEE FOR THE SOLE REASON FOR FILING A WORKERS COMP CLAIM.

    EXAMPLE; IF YOU GET INJURED, TELL THE EMPLOYER YOU ARE FILING A CLAIM FOR WORKERS COMP AND THEY SAY "IF YOU DO YOU ARE FIRED".

    THAT IS RETALIATION FOR FILING A WORKERS COMP CLAIM.

    Violation of 4123.90 are not the same.... and thanks to the Ohio Supreme Court Justices, if you receive temporary total benefits beginning the date you became temporarily totally disabled and terminated you are not entitled to anything but 1/3 of your income because BWC had already paid you the 2/3 of your wages.

    YOU ARE NOT ENTITLED TO PUNATIVE DAMAGES, COMMON LAW, OR PUBLIC POLICY TORT...

    IF YOU ARE ON TEMPORARY TOTAL BENEFITS THEN YOU ARE NOT ENTITLED TO LOST WAGES...SO THE ONLY THING YOU ARE ENTITLED TO IS 1/3 OF YOUR WAGES FROM THE DATE OF TERMINATION IF PAID TEMPORARY TOTAL BENEFITS AND YOUR ATTORNEY FEES PAID.....

    I WOULD LIKE TO THANK THE OHIO SUPREME COURT FOR REALLY SCREWING THOSE INJURED WORKERS WHO HAVE BEEN TERMINATED UNFAIRLY!

    I hope all the claimants that have been injured and fired take the steps to file a complaint into court and bring charges against the employer for violation of 4123.90 (Workers' Compensation Act) and ties the courts up for so long they get sick of it......

    But, the employer knows they have the employees by the balls and can twist them off if they want to.....besides who cares about injured workers?? who cares if they have lost everything due to the selfish acts of employers for trying to get out of higher premiums....the Ohio Supreme Court could give a shit...this is fact.

    The Workers Compensation Act was put in place so employees did not have to make the choice of either Health or Wealth.....the courts are heading back in time and now allowing this to take place........

    just my rant...

    Beth

  8. #8
    Join Date
    Feb 2008
    Posts
    3

    Default Re: Need Help! Fired While On Work. Comp

    Thanks for your Rant, Beth , lol ! Everything you stated i have found to be oh so true ! Sad but very true ! I believe every state is pretty close to about the same when it comes to work. comp. law ! The Burden of proof is always on the injured person, WE have to prove there was a wrongful termination, We have to prove how and when we were injured, We have to suffer the Pain and humiliation of being injured and can't work and then having doctors and lawyers look at you and tell you everything will be okay, just hang in there ! LOL! All the while your still in pain, still suffering, your world is falling down around your knees, bills pile up and NO ONE, AND I MEAN NO ONE GIVES A TINKERS DAMN ! THE INJURED PERSON HAS NO RIGHTS ! They take it all away, treat you like dirt, then they look at you and can't figure out why you aren't back to work or why you haven't found another job yet, etc ! ? In my case, i am not even back to health yet, not even healed after two surgeries, have been out of work for almost 3 years now, and my lawyer and doctors, who know i am not healed, tell me to go out and find a job - right now ! Even though i have not been fully released yet ? Has anyone found a job, while still on comp. and not fully released ? And I have tried ! I have sent out over three hundred or more applications - TELLING THE TRUTH ! ONLY THREE HAVE GIVEN ME AN INTERVIEW, but won't touch me until i get a release ! I have worked for over 35 years ( 3 jobs) have a B.A. degree, but My career and self-respect are now GONE! Your Right - Thanks to all the doctors, lawyers, congressmen, senators, and to the Big Shot wealthy companies that own all these people mentioned ! Screw the little guy, screw the truely injured, but just keep the money flowing into their pockets and kick the injured to the gutter !
    Sorry, i know everyone on this site has a story, and mine is no different or special ! Hell compared to most of you on here, i may be considered one of the lucky ones ! I feel so bad for all of you, and what most of you have been through ! What the Hell has happened to the world ?

    Thanks to all that have responded ! Since my writing, i have talked to 8 different lawyers, after telling them my entire story, all they have to say is the same thing, sorry the burden of proof is on you, not the business i worked for. Basically, i am lucky to be where i am at(several said your alive aren't you ?) and to quit bitching ! LOL ! Just gota love this world we live in !

    BETH, THANK YOU FOR LETTING ME RANT ON YOUR THREAD ! If there is anyone i can try and help or needs some advise ( i don't have much, but having been dealing with this for almost 3 years now) Please let me know ! God bless everyone ! May everything somehow work out great for each and everyone of you !

    And life goes on ! LOL ! dutch8080
    P.S. Just found out my lawyers used to work for and did business with the work comp. insurance that is handling my case, before they started their own practise ! Don't you just love it ! LOL
    Quote Quoting whatamess View Post
    Referencing the Poll on this post.

    Ohio law

    Yes, you can be fired on workers' comp. There is nothing in the law that protects an injured worker from being terminating for any reason.

    HOWEVER, IT IS ILLEGAL TO TERMINATION AN EMPLOYEE FOR THE SOLE REASON FOR FILING A WORKERS COMP CLAIM.

    EXAMPLE; IF YOU GET INJURED, TELL THE EMPLOYER YOU ARE FILING A CLAIM FOR WORKERS COMP AND THEY SAY "IF YOU DO YOU ARE FIRED".

    THAT IS RETALIATION FOR FILING A WORKERS COMP CLAIM.

    Violation of 4123.90 are not the same.... and thanks to the Ohio Supreme Court Justices, if you receive temporary total benefits beginning the date you became temporarily totally disabled and terminated you are not entitled to anything but 1/3 of your income because BWC had already paid you the 2/3 of your wages.

    YOU ARE NOT ENTITLED TO PUNATIVE DAMAGES, COMMON LAW, OR PUBLIC POLICY TORT...

    IF YOU ARE ON TEMPORARY TOTAL BENEFITS THEN YOU ARE NOT ENTITLED TO LOST WAGES...SO THE ONLY THING YOU ARE ENTITLED TO IS 1/3 OF YOUR WAGES FROM THE DATE OF TERMINATION IF PAID TEMPORARY TOTAL BENEFITS AND YOUR ATTORNEY FEES PAID.....

    I WOULD LIKE TO THANK THE OHIO SUPREME COURT FOR REALLY SCREWING THOSE INJURED WORKERS WHO HAVE BEEN TERMINATED UNFAIRLY!

    I hope all the claimants that have been injured and fired take the steps to file a complaint into court and bring charges against the employer for violation of 4123.90 (Workers' Compensation Act) and ties the courts up for so long they get sick of it......

    But, the employer knows they have the employees by the balls and can twist them off if they want to.....besides who cares about injured workers?? who cares if they have lost everything due to the selfish acts of employers for trying to get out of higher premiums....the Ohio Supreme Court could give a shit...this is fact.

    The Workers Compensation Act was put in place so employees did not have to make the choice of either Health or Wealth.....the courts are heading back in time and now allowing this to take place........

    just my rant...

    Beth

  9. #9
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Fired While On Workers Comp

    And life goes on ! LOL ! dutch8080
    P.S. Just found out my lawyers used to work for and did business with the work comp. insurance that is handling my case, before they started their own practise ! Don't you just love it ! LOL


    That is probably to your advantage dutch... there are a lot of applicant/IW attorneys who used to work for the 'defense'...jump over the ''our side'', they KNOW what to expect at the next turn....and how the ER/IC will handle your claim.

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