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  1. #1
    Join Date
    Feb 2012
    Posts
    2

    Arrow Will I Lose My Workers Comp Payments if My Employer Fires Me

    I recently received paperwork from my employer requesting a meeting to discuss my employment status with them. I had gotten injured at work on December 28, 2010. Approximately 8 weeks later I found out I was pregnant. At the time my pregnancy did not add to my injury, it just made my worker’s comp doctor more cautious regarding my restrictions. When I had a higher weight restriction of 50 pounds, they could not accommodate my restrictions, but when I was 8 months pregnant, they decided that I could do housekeeping with a 10 pound weight restriction, which my OB/GYN and my workers comp doctor did not appreciate as they were lied to about the work I would be doing. Now that I have had my son I have been able to restart my physical therapy at which point I ended up plateauing on and the pain from my injury was more prevalent than it had been during my entire pregnancy. After speaking with an orthopedic surgeon, he ordered an MRI with dye and was able to find a labral tear along with a couple other issues that could only be resolved through surgery and physical therapy following the surgery. Is it legal for my employer to fire me while I am still out on worker’s compensation? If so, do I lose the workers compensation payments for lost wages? My employer basically made me feel like the only 2 options I had with regards to my employment with them was to either have had an abortion or hope for a miscarriage or I should have gone back to work with no restrictions even after I ended up going into pre-term labor the one day I did end up returning to work. They also want me to present my case to them regarding keeping my employment. I had given them ample opportunities to allow me to work within my restriction guidelines and I even told them that I was a medication aide now and they never found a way to accommodate my restrictions. I feel like I am being singled out because I slipped and fell and got injured and subsequently found out I was pregnant, which is obviously not under my conscious control. What should I do if what my employer is doing is wrong?

    Feeling discriminated against for being injured and at one point pregnant at the same time

  2. #2
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Will I Lose My Workers Comp Payments if My Employer Fires Me

    if your employment is covered by the Family & Medical Leave Act you have 12 up to weeks of job protection.
    more here
    http://www.dol.gov/whd/regs/complian...ers/fmlaen.pdf

    comp law does not require the employer to hold a job or make one for you.

    comp insures the employer against your claim as long as you have it; whether you continue working there or not.

  3. #3
    Join Date
    Feb 2012
    Posts
    2

    Default Re: Will I Lose My Workers Comp Payments if My Employer Fires Me

    So I will continue to be paid for lost wages?

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Will I Lose My Workers Comp Payments if My Employer Fires Me

    You should be paid TTD until you reach stability/MMI, then rated for PPD, and the claim move to resolution.

    You should be consulting a WC attorney on this... some injuries/claims are too complex for message boards. The info here is not to be construed as 'legal advice'... that should come from an atty.

  5. #5
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    2,841

    Default Re: Will I Lose My Workers Comp Payments if My Employer Fires Me

    It is time for you to talk to a local work comp lawyer. Choose carefully. Good luck.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

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