I am very frustrated and hoping someone can help. I live in Wyoming and in January of 2004 my husband was injured while working for our town volunteer fire department. He normally works as a Police Officer for the same town so is covered under the towns' work comp policy. He sustained a Lisfranc injury. This injury occurs with the dislocation or seperation of all the bones in your mid foot. He tore all the muscle and cartlidge and broke all his toes. He had surgery in Feb. 2004 and had 6 pins and 4 screws placed into his foot. He was completely off work for 4months when he was released to light duty. As a police officer this means he can only do desk work. Now keep inmind we live in a small town (3500 people) so desk work is something everyone does there is no specific position for it. We are now at 20 months since his injury he is still unable to walk without pain and swelling so they removed the hardware from his foot in hopes it will get better, that was a month ago and still no progress. Today he received a letter from the Chief of Police saying he had to be released to full duty by Oct. 10 or he will be terminated. I don't know what to do. Work Comp says yes they can fire him for a prolonged injury but they would not give me information on applying for permanent disability said I would have to wait until Monday when they are back in the office. I can't wait that long, I am so stressed worring how I am going to pay the mortgage and buy food and have a half way normal life.
I guess my question is can they really fire him? Isn't he protected by the ADA in some way? Will we be able to draw work comp benefits if he is fired? Do I need to get a lawyer and file a lawsuit against the fire district, home owner, and town for his original injury? The home owner was neglagent in starting the fire and the fire department has no records of training its volunteers or up keep on equipment.
Any help would be great.