South Carolina Worker's Compensation - Help For Injured South Carolina Workers

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  1. #1
    Join Date
    Jan 2013
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    24

    Default Can an Employer Fired or Layoff an Employee While Being on Worker Comp

    I just want to ask this question? My employer demand me to contact every 72 hour and text and leaving voicemail isn't sutible. Under my lawyer advice, I went up there and tried to talk to them about this text message I got from my supervisor asking me did I quit. No answer, he was on the phone. Just want to get an answer to my sitution and question.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Can an Employer Fired or Layoff an Employee While Being on Worker Comp

    it's been answered many times on this site.
    if your employment is covered by FMLA, you have 12 weeks of job protection; otherwise you can be replaced.
    you can file a complaint if you believe your termination is retaliation for filing a claim.

  3. #3
    Join Date
    Jan 2013
    Posts
    24

    Default Re: Can an Employer Fired or Layoff an Employee While Being on Worker Comp

    Is it 12 weeks since the file or since the injury

    - - - Updated - - -

    File thr claim

  4. #4
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Can an Employer Fired or Layoff an Employee While Being on Worker Comp

    neither.
    lost time.

    "FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees..."
    http://www.dol.gov/whd/regs/complian...ers/fmlaen.pdf

  5. #5
    Join Date
    Jan 2013
    Posts
    24

    Default Re: Can an Employer Fired or Layoff an Employee While Being on Worker Comp

    I got a call Monday that the supervisor found me some light duty work but never told me anything, I explain to him that I am in pain and wanted to know what type of light duty is it. no response from them so I call in letting them know that I am in a lot of pain. On Wednesday, he text me that I didn't show up on Monday and Tuesday. I again explain to him that I am in pain. He told me that according I can't push or lift over 30 pounds. (which the last Dr excuse said, 20lb). So, I went to the doctor to talk to them about my pain in my shoulder. I explain to him my employer found me light duty but never told me what it is and I don't know if I can do it because of the pain. He wrote a note say no work on the left shoulder until assessment in 3weeks and give me pain pill called tramadol. Gave it to my employer and attorney. 3 hours later, my supervisor text me saying that I need to call my doctor because he clear me to work with one arm. I again text him about what am I doing, but again no response. I know they got me on the cleaning crew because my name was on the board, (what they do is pick up chips, grind the belt and clean up the chip off the ground, but the last I did those thing, I had shoulder pain and called in the following day and was told on the day of my injury that picking, sweeping up chip wasn't consider light duty and the doctor has me at a limit of 30 lb. Strange?!) the nurse called saying that I was cleared to work one arm. I told the nurse how can I work with one arm and on pain medication that makes me sleepy and light headed. she told me that she gave them a new excuse which I didn't know about. She told me that she talk to the doctor. I called the doctor office about 1 hour later. She allows me to talk to the doctor. The doctor told me he written another excuse explaining to that I can run operated machinery. I told him that I need to take the pills to help with the pain but I am light-headed and sleepy. He told me that the first excuse should have explain that I should not be working until we can find out what is wrong with the shoulder. I did apologies to him about the so called ping pong match between me and my employer, but I have explain that I won't be able to stay up plus me driving to work with this medicine in me. So, I have called in every day because of me being on this medicine and being in pain.

    My questions are:
    Will Worker Comp punish me for doing this; even though The Doctor's intention in the first excuse to not allow me to work?
    Can I get fired for this, and if so can I make an complaint to the labor board or sue the employer for wrongful termination?
    Should I go back to the Doctor and tell him to write an excuse saying he is not allow to work?
    Can an Employer call to change the restriction, I thought on the CA is the only ones to talk to the Doctors and The employer has to follow the guideline of the restriction?

    - - - Updated - - -

    I mean the doctor written another excuse that I CAN'T run any machinery.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Can an Employer Fired or Layoff an Employee While Being on Worker Comp

    When you call in 'sick', you won't be paid... your Dr must write a report with any restrictions and what light duty you can perform.
    No, you can't sue your employer, even if you are terminated because you failed to show up for work...you should have gone in, found out what the light duty consisted of and tried to do that job

    Yes...go to your Dr and get a clear written report of your capabilities. Your ER defines the job, if light duty/modified work can't be provided, or you can't perform the job duties...go back to your Dr and get your status changed.

    Yes, your ER can discuss your job duties with your Dr, does not have to be the CA.

  7. #7
    Join Date
    Jan 2013
    Posts
    24

    Default Re: Can an Employer Fired or Layoff an Employee While Being on Worker Comp

    I do appreciate the answer, but to me working in pain or lightheaded doesn't make logical sense. I am not trying to get out of work, I am just unavailable to do anything out there with one arm. It is not like that they are putting in a office job. They are make me pick up chip with one arm with a shovel. the employer would not have text that they need help if they was going to put me in an office job. Again, I understand that if light duty is available, that you have to do the work but at what cost. Risking injury, falling sleep, or struggle through pain.

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Can an Employer Fired or Layoff an Employee While Being on Worker Comp

    As I said...if there is light duty available, you have to make the attempt, or your wage replacement/TTD benefits will stop.
    Again, I understand that if light duty is available, that you have to do the work but at what cost. Risking injury, falling sleep, or struggle through pain.
    You may not be able to return to your preinjury job, or any job with this ER... it's not about the possibility of reinjury or the 'cost'... it's about getting you back to work and off the TTD disability benefits and back on wages.
    Lots of people go to work every day with some degree of pain... some worse than others. Pain in itself is not a "disability". Not for WC purposes. No one can determine the "possibility" of further injury or new injury.

  9. #9
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,009

    Default Re: Can an Employer Fired or Layoff an Employee While Being on Worker Comp

    Being "in pain" isn't going to get you very far in a workers' comp case. You need restrictions from your treating doctor in order to protect yourself. If the pain is too much for you to work, then get a restriction from the treating doctor. Most work comp treating docs will not write a restriction for "pain" unless it is truly disabling.

    You are going to need a good workers' comp lawyer, too, pretty soon, as you seem to be digging yourself into quite a hole. If you already have a lawyer, talk to him about these issues before you say or do anything else.
    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

  10. #10
    Join Date
    Jan 2013
    Posts
    24

    Default Re: Can an Employer Fired or Layoff an Employee While Being on Worker Comp

    Everything went well. Went to my doctor last Monday and ask him can he put me out of work until I get the mri and he did. Got the Mri and went to orthopedic and they say it was a bursitis but I ask him about me not able to hold my arm up so a short period of time. I will put 5 pound on it and it just slowly come down like a hydraulic leak in a machine. More weight the faster it goes down. the orthopedic put me out of work in 6 weeks. My concerns if my employer will lay me off because of me being out of work for that period of time because I had no contact from them since they had light duty for me.

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