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  1. #1
    victory63 Guest

    Default Fired after being injured at work

    I have read a lot of your threads here. I have also posted to numerous sites only to be told They wont even bother to attempt to answer my questions as they dont want to second guess my lawyer. But here once again I pull my hands out of the sand hoping maybe someone can shed a little light on the problem for me. I was injured over 9 months ago on the job. I notified my supervisor who asked if i could not keep working ( you know how they make you feel ) cause the job HAD to be done that day. I said I would try. 2pm came around and I could hardly walk without pain.

    Another co worker came up and told me that I needed to get to a Dr cause I wasnt moving well. I notified my super once again and told him I needed medical attention. He said well call me and let me know if i need to turn it into work comp. I called my own physician and he said he wouldnt touch me cause it was a work comp injury and they should of sent me to their dr.

    In the pain I was in I managed to make it hopme only to be in the same position for 24 hours unable to move until I got help. ( friends stopped by to check after no answer on phone) I ended up going to the hospital where they gave me morphine for my injury cause breathing was difficult. I never hurt so much in my life. I went to my chiropracter and he ordered a MRI which showed I had degenerative disk disease. the injury irritated it where it wasd dormant before and that was the intense pain.

    During this time I contacted my employer and told them what was going on. I didnt show up for work monday and called them sunday to let them know cause i couldnt move but only a little.

    8 days passed and i finally called once again and said I needed medical treatment and they said to call their insurance. I did. They set me up an appointment and the Dr released me for work the next day with so many restrictions i couldnt do my job. I called the employer and they said basically that i needed to return to my union hall. They fired me. That is when my friends said I needed to talk to a attorny because I would need one. I listened and got one who has been doing a lot to get me the medical treatment i need. But the thing is Im not understanding is A lot of people tell me it was illegal for them to fire me and i am running into Drs that are either conservative and dont want to really treat me but give me a pill to mask pain and anopther that says surgery will fix the problem. The last Dr signed my perm disabilty to work 4 hours a day and a lot of restrictions to where I can not do the work i was doing or fall back on my nursing liscense. What are my options? do i need to file for social security? Did they terminate me illegally? My credit has fallen in the toil;ety and if it werent for my friends id be under a bridge. When I did get temp disability it was for the brief time i went to physical therapy and that was it. there are over 4 months they didnt pay anythign and when they did i was so far behind i didnt even make that up. Not to even say how much i owe my friends for supporting me. I feel like a mooch.

    Im so lost and confused .. anyone else been there ?

    I live in Missouri but got hurt in Kansas.
    Thanks for listening

  2. #2
    t Guest



    Your employer CAN NOT fire you because you were injured on the job and needed medical attention.

    I take that back...they can - BUT they will face serious bad-faith claims. The amount for a penalty will vary by state.

    The fact that the I/C has not paid you for months and weeks is also disturbing. If they have failed to pay you, (now again - check with your state laws) but there should also be a penalty for that - delay of payments without just cause. I know in Wisconsin - it's a 10% penalty. Let alone bad faith claims that can be made.

    Here is someone you can ask questions to:

    Kansas Department of Labor
    Workers Compensation
    800 SW Jackson, Suite 600
    Topeka, KS 66612-1227
    (785) 296-2996 or (800) 332-0353.

    Here are some other websites that might be helpful:

    I wish you the best TM and hope some of this helps.

    P.S. I've found that often times, when you have an attorney from the same city that the employers are in that attornies dont always do what you need them to do - a conflict of interest especially in a small town. Get a lawyer from a different area so there is no chance of affilation.

  3. #3
    victory63 Guest


    Thank you very much for the information T , Ill keep it all posted to let you all know how things are going. You dont know what a relief it is to have someone finally answer you or give you some help to understand. its like shining a light down a dark path!! im serious! Thank-you once again!

  4. #4
    maria Guest


    The fact is, that if you cannot perform the necessary functions of your job because of your injury, they CAN let you go. FIRED is something else. Be careful about terminology.

    No payment for months may be because the doctor said you had reached MMI or are P&S and your Temporary Disability ends. You are now to look for a new job w/in those work restrictions.

    Your state may or maynot have vocational rehab or disability assistance in locating a new job.

    You can apply for social security only if your doctors say you are unable to perform any work and this will last at least 12 months, or is permanent.

  5. #5
    knowknees Guest


    Anyone who tells you not to apply for SSDI, if you are seriously injured and placed on permanent restrictions is a person to beware of. You can apply for SSDI at ANYTIME through the process, once you're unemployed. Many injured workers have many more than one Dr. that says you're not totally disabled. This is where you add ALL the Dr's together and seek a viable SSDI Claim. Accumulative disabilities, you know a little here and a little there. Education, age, mental state, impairments, adaptability, etc...all are a factor.

    I bit my lip as to the determinations made about it being easier to obtain total disability through W/C pertaining to a work injury than it is through SSDI. In Mo. it's not so. Here if you're found to be 100% disabled due to work injury you would NEVER need nor get SSDI, due to the enormous amount "compensation" received.

    Do you know how many people I've talked to that applied for SSDI only to get turned down? Many! They try to return to work only to find they can't, and end up starting the process all over, getting approved without even meeting an ALJ. If you are seriously injured physically, mentally or both apply! It's like W/C see the process through! Medical Documentation, Professional Evaluations and a host of other things play a major factor.

    How many people who felt they were seriously disabled went through the process clear to the ALJ and Vocational Rehabilitater and got denied? Like some feed back...Greg

  6. #6
    john Guest


    My husband has a worker's comp attorney that is not doing him right. He is trying to settle for less than what his case is worth. My husband was also terminated while he was out on worker's comp. and the attorney told us that the employer said that he was let go for other reason, but if that is true he still can not be let go while out on workers comp. We are wondering if we could let go of the attorney we have now and try our case with another attorney? And if so how do we go about doing that? Thank you so much John and Antoinette Bragg Sacramento

  7. #7
    anon2600 Guest


    As all cases are different, and you should not be making any comparisions, it would be very difficult to make a determination as to your attorney doing your "right" or not. There is no way to make any determination about what the "value" of any case is until the PD % rating is in, as well as other factors in the case.

    As California is an "at will" state, you can be let go from your position for many reasons, actually no reason is necessary at all, merely stating that it is a business decision is enough to take you off the payroll...the law states that you cannot be discriminated against for filing or letting it be known that you intend to file for WC benefits. The requirement is that the ER make every attempt to accomodate your restrictions if there are any. But the ER is under no obligation to "save" your job for you. Only that there is a position, IF available within the perameters of your medical condition as a result of your work related injury.

    If you wish to substitute attorney's, just go find one that will take your case, s/he will do the paperwork, you don't even have to notify the present attorney of your wish to make the change.
    The difficulty is in finding a new attorney. Under the new laws, PD ratings are very different and carry a much lower value .. thus, a lower $$$ amount in the fee, which will be split between the present and next attorney. IF you can find one...

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