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  1. #1
    Join Date
    Jul 2008
    Location
    Tennessee
    Posts
    12

    Default My Employer Told Me I Might Be Replaced

    Until today I thought I was being treated very well by my Employer and the IC. I have been receiving my weekly checks since my injury on May 8th, 2008, I have been receiving mileage for all of my appointments, and I have one of the best Doctors in Nashville. Today I went to my employer to pick up my check and was told that if I was going to be out for more than another month, they were going to have to replace me. I've been looking through all of the WC laws and forums, because I could of sworn I read that they were required by law to save a position of equal or greater pay.
    I tore one of the hamstring tendons away from my pelvis on the job. I had surgery on May 30th and have been going to therapy three times a week ever since. The work comp maximum payment is much less than I normally make per week and the bills are really getting behind, I'm was hoping the settlement would catch me up, but now it looks like I won't have a job. My employer told me not to freak out, that is was proceedure and I could reapply when I was released MMI. I'M FREAKING OUT!!! Pleas any advice would be greatly appreciated.

  2. #2
    Join Date
    Jun 2008
    Location
    ky
    Posts
    27

    Default Re: My Employer Told Me I Might Be Replaced

    If they told you they had to replace you before you reached MMI, you probably don"t have a job. Have you used all of your paid leave and FMLA? I don't think they can let you go until you do. If you have insurance with them this is very important. Cobra is very expensive and it's hard to get insurance with pre existing conditions.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: My Employer Told Me I Might Be Replaced

    It would be difficult for an ER to legally 'terminate'' and IW once released to RTW...there are laws in your state that prevent this as well as EEOC/ADA considerations ...

    While your ER is free to replace you in your job, there is no requirement that your job be kept open for you, or a job to be 'created' for you.
    The ER IS mandated to make a 'reasonable acommodation' upon request by an IW or a person with a 'disability'.

    Go to the TN web site, there you'll fine a FAQ for IW's answering many of your concerns about your claim.
    You can also contact an assistance officer for help..

    http://www.state.tn.us/labor-wfd/wcfaq.html#IEA

    You'll find information on the 'reasonable acommodation' rules here...http://www.jan.wvu.edu/EeGuide/

  4. #4
    Join Date
    Jul 2008
    Location
    Tennessee
    Posts
    12

    Wink Re: My Employer Told Me I Might Be Replaced

    nothappyinky and BvIA, Thank you very much! BvIA, I have seen quite a few of your posts on this subject but could not find anything for TN. Thank you so much for the links. I have an appoinment with a work comp Lawyer on Saturday, can you believe he actually works on the weekends?
    Thanks again. Hamstrung

  5. #5
    Join Date
    Jun 2007
    Location
    Tennessee
    Posts
    200

    Default Re: My Employer Told Me I Might Be Replaced

    Trust me, a lot of us lawyers work a lot more than just regular office hours that you might see us from Monday through Friday. If your WC lawyer is taking an appointment with you on the weekend, it's a good sign to me that he/she is hungry and aggressive about taking in cases. I think that's overall a pretty good sign for you.

    Best of luck with your case.

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