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  1. #1
    Join Date
    Mar 2009
    Posts
    28

    Default Workman's Comp and Being Fired

    My workers compensation claim was made in the State of: New York. I have been on workman's comp for two years. I still have unresolved issues from the job related injury and I get a letter today that I have been "let go", so says my boss. The reason is that the union contract only gives two years of medical leave and my time has run out. What happens next, are my medical bills going to stop being paid? Will my comp payments stop? Do I have a law suit?

  2. #2
    Join Date
    Mar 2009
    Posts
    28

    Unhappy Re: Workman's Comp and Being Firered

    I'm already losing my home because of the subprime lending fiasco, now I've lose my job. It feels like I just been kicked in the gut. At least I felt like I had a life line to the job with the hope that I could go back to work. Now I have nothing. I feel worthless.

  3. #3
    Join Date
    Jul 2008
    Location
    ca
    Posts
    863

    Default Re: Workman's Comp and Being Firered

    Mother,

    If youve been in the wc system for 2 years, why havent you at least spoke to an attorney?

    Just because you are being terminated, you should still get your medical taken care of. I dont know about your state as far as how long they will continue to pay you.

    Good Luck, You need to talk to an attorney that does WC, it wont cost you any money up front.
    Never doubt that a small group of thoughtful, committed citizens can change the world...indeed...its the only thing that ever has - Author Margaret Mead

  4. #4
    Join Date
    Mar 2009
    Posts
    28

    Question Re: Workman's Comp and Being Firered

    Thank you InjuredGypsy, It's nice to know that I can log on and get the advice I need. Now I don't feel so alone. I have a lawyer. I've had this lawyer from the time that I've been on comp. I'm still waiting for clearance from the job insurance company to get another surgery. I also now am suffering from a previous injury that the job is responsible for and now they have firered me. I called my lawyer to tell him about the letter of termination and I have not heard back from him as yet. Do I have a law suit?

  5. #5
    Join Date
    Sep 2008
    Location
    New York State
    Posts
    147

    Post Re: Workman's Comp and Being Firered

    Quote Quoting motherdread View Post
    Thank you InjuredGypsy, It's nice to know that I can log on and get the advice I need. Now I don't feel so alone. I have a lawyer. I've had this lawyer from the time that I've been on comp. I'm still waiting for clearance from the job insurance company to get another surgery. I also now am suffering from a previous injury that the job is responsible for and now they have firered me. I called my lawyer to tell him about the letter of termination and I have not heard back from him as yet. Do I have a law suit?
    Unfortunately, motherdread, any operating business in NY state has the right to terminate employment in order to resume productive working efficiency. The tricky part is to make the termination "not look like retaliation against an employee that filed worker's comp claim". The ER has many options to use and say that there is another reason/s. Trying to prove that an IW was terminated because they filed a worker's comp claim is extremely difficult, if not impossible, unless, out incompetence, the ER comes right and says the claim was the reason (which would be every terminated IW's dream come true).
    I am, by no means an expert and I'm just speaking from my own personal experience that might not fit with yours, your lawyer might direct you to file for unemployment (if you have been released for light duty/RTW).
    Many worker's comp lawyers are swamped with other claims such as yours and might not be available at all times. I have found that if your lawyer has an email address that this would be a better form of communication as s/he can view emails at the office or at home. I know a lot of lawyers that appreciate clients use this method as it keeps their phone lines and voice mail boxes more open. Good luck to you and hang in there.

  6. #6
    Join Date
    Mar 2009
    Posts
    28

    Default Re: Workman's Comp and Being Fired

    Thank you Hurt@Work. Just to let you know, I talked to my lawyer today and he said that two years is the longest a job will hold a position open for an injured employee. I'm relieved that the job's insurance company will still pay for my medical and you are right, my lawyer is swamped with other cases like mine. It's nice to know I have you guys to share with. Very grateful, motherdread.

  7. #7
    Join Date
    Jan 2007
    Posts
    428

    Default Re: Workman's Comp and Being Fired

    The bad news is yes, they can let you go.
    But the good news is that your termination shouldn't affect your TTD as long as your Dr still has you there.
    Has your WC case settled?
    If it has and hopefully you didn't settle your medical but left it open then the WC/IC must cover you work related injury for the rest of your life.

    After I had my surgery the surgeon said I'd never be able to return to my occupation so I resigned from my employer because I couldn't perform any duties anymore and 6 Months after surgery I could see there was no way I was going to improve enough to do anything full time.
    I still received TTD until I was put at MMI.
    After that my TTD stopped as yours will and about 15 Months later my WC case was settled.
    Now I'm waiting on my appeal from SS because they denied my SSDI application as they do to over 70% of People who apply.
    If they deny me again then I'll have my day in court.

    Remember and prepare for the time you're put at MMI because your TTD payments will stop until settlement.
    When your Dr tells you you're going to be deemed MMI make sure you get to the SS Office ASAP to get the application process started for SSI as well as SSDI if your condition will never improve enough to go back to any kind of full time active employment.

  8. #8
    Join Date
    Mar 2009
    Posts
    28

    Default Re: Workman's Comp and Being Fired

    Thank you kentuckyRanger. I called my lawyer and I also applied for SSID. I pray that I'm eligible. Thanks again.

  9. #9
    Join Date
    Sep 2008
    Location
    New York State
    Posts
    147

    Smile Re: Workman's Comp and Being Fired

    Quote Quoting motherdread View Post
    Thank you Hurt@Work. Just to let you know, I talked to my lawyer today and he said that two years is the longest a job will hold a position open for an injured employee. I'm relieved that the job's insurance company will still pay for my medical and you are right, my lawyer is swamped with other cases like mine. It's nice to know I have you guys to share with. Very grateful, motherdread.
    Your welcome motherdread.

    Before I found this site and the knowledgable people on here, I used to just sit and worry myself sick thinking about what the IC was doing and saying and how my future would pan out. Patience was never one of my virtues. The NYS WCB has taught me to wait... because I have no other choice (haha).

  10. #10
    Join Date
    Mar 2009
    Posts
    28

    Thumbs up Re: Workman's Comp and Being Fired

    Ditto Hurt@Work Thank you all for being here.Kudos!

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