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  1. #1
    Join Date
    Mar 2012
    Posts
    6

    Default Fired While on Workers Compensation Leave

    Hello all. Below I will list my short story and maybe someone can give me some input on this situation and if its not legal what I should expect money wise when I sue my ex-employer

    On the 13th day of last month ( tuesday )I was opening up a garage door at work and heard / felt a pop in my back. Immediate pain struck once happened. Thinking I pulled a muscle I figured that I woud give it a few hours to see what happened. A/b 3 hours later I notified employer via email and informed the owner of what had happened. He asked on a scale 1 - 10 what was the pain. I stated 8 and i believe i should go to the doctor, and i do not know how to do a workers compensaton claim. I got no further response back, so I decided to go to the doctor. So dr told me seemed to be pulled muscle said if not better is 2 days to come back. So called employer and updated and let him know dr said 2days and i can come back if back is better. He never said anything a/b the workers comp at this time. So 2 days later ( thursday ) no better called employer and left message i was going back to dr. He sent me a message back to let him know how it went. I went to dr and he gave me more meds and rec.physical therapy and to take off until the first of the next week. Called employer and told him what was going on and he stated WOW over a hurt back... I asked a/b the workers comp and he stated once it was turned into them it was out of his hands he couldn't do anything for me.

    So Monday went to my PT appt and was still in pain so went back to Dr and he refered me to an orthopedic DR. So i then call my employer again and give him an update and he stated it was absurb and he doesn't understand how long this was taking. I asked a/b the workers comp and he stated he hadn't called it inyet and he would do later on b/c he was on sales calls and could not do at the moment. So i then go to the orto dr on wednesday and informed them as well this was a workers comp and i still don't knowwho the insurance is thru or if it had been called in yet. So called employer and they still hadn't called in yet. This was 1 week after the accident. She called it in and called me back with the claim info to give to dr.

    Ortho Dr. said could not return to work until after my next visit with him he wanted to see me on april 5th, and until then go to PT 3 times a week and gave me some meds. So i then called my employer and let him know what was going on he was very frustrated with this and on the 28th of this month they sent me an email to let me know i was terminated this is what it states : Operations Manager has missed 2 weeks of work with no established return date.


    My question is as stated 1 is this legal? and 2 i've chosen that i want to sue him for wrongful doing but what is the normal payout on something of this nature? I've contacted a lawyer but still pending an answer from them as far as accepting the lawsuit part.


    Thanks in advance.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Fired While on Workers Compensation Leave

    In nearly all states now you can be terminated at any time without cause, same as you can quit at anytime without cause or notice.
    There is no wrongful termination here...unless you can prove you were terminated DUE TO suffering the injury/filing the claim for WC benefits.
    Your ER has stated the termination is due to missed time with no return date... it would be your burden of proof otherwise, the ER doesn't have to prove anything.

    If you are eligible for unpaid leave under FMLA, which would provide up to 12 weeks of job protection, as well as continuation of any ER paid benefits... you could request that leave. Your ER is actually required to provide you that info, and forms when you request the leave.

    Your ER is also required to report the claim within a specific timeframe once you notify of work injury, and request the medical care/comp benefits.

    Being terminated does not leave you without the comp benefits.

  3. #3
    Join Date
    Mar 2012
    Posts
    6

    Default Re: Fired While on Workers Compensation Leave

    BvIA,
    Well pretty much as soon as i got hurt all this started. No previous problems actually just recieved a promotion.

    And they never offered a FMLA leave at all just fired me. Didn't even pay me for my sick days i had available.

    There has to be some kinda law again this....

  4. #4
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,030

    Default Re: Fired While on Workers Compensation Leave

    There probably is a law against it. Ask your lawyer. IF you don't have a lawyer, get one Monday. You need one who handles workers' comp cases for workers, so choose carefully. That lawyer will be able to advise you about the termination. You may have an FMLA claim, so check that out soon too. Your employer is dishonest and venal so expect more problems.
    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

  5. #5
    Join Date
    Mar 2012
    Posts
    6

    Default Re: Fired While on Workers Compensation Leave

    Thanks complwyr. I do have an attorney but will check back with him on Monday on what he has determined or found out a/b how to go about this. In a "real" world is this lawsuit one that will be alot of money?

    I also suspect that the building we were working in to contain Asbestos, we asked him several times about it and he blew it off. I want to know that as well because like you said he is DISHONEST.... And i chose this company because they were "chrisitian"

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