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  1. #1
    Join Date
    Nov 2008
    Posts
    1

    Default A Question About Possible Termination

    Hi, I'm new here. I work as a technician and about 2 months ago fell off a ladder and broke my arm. I had surgery and just now returned to light duty. My claim was handled by a company called Gallagher Basset and was approved. Overall things have been fine. My concern is this: I was informed today that they would terminate my employment if I'm not able to return to work within 6 months. They were nice about it and told me that if I am able to return to work after that they would be happy to rehire me. I do expect a full recovery, but with the second surgery my doctor considering I'll be out for more than the 6 months. What happens if they terminate me at that point? Do I continue to receive time loss payments? Or is voc rehab an option, even though it's not a permanent injury?

    I really have looked at most of the pages linked on these forums, and only came here after a good couple hours of internet research, so I apologize if I'm just being an idiot and could have found this out on my own.

  2. #2
    Join Date
    Mar 2008
    Posts
    417

    Default Re: A Question About Possible Termination

    No one is an idiot on here. And I swear these forums are in lawyer language and not english. I am not sure about your state though. Give it some time and someone with some knowledge of the laws there will help. I do know even if they fire you work comp still has to pay medical and any benefits of being off work until you are at maximum medical improvement. Does that help?

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: A Question About Possible Termination

    There is a lot of information at the OR web site...http://www.wcd.oregon.gov/communications/inj_job.html, begin with the FAQ's for IW's.

    There are federal laws..FMLA/ADA/EEOC that would prohibit your ER from termination due to a disability, or perceived disability due to your injury (or non injury disability).
    And, the federal laws would definately supercede any ER policy. Many times the ER is simply not aware of the laws they are about to break.
    8. Does the employer have to reinstate an employee returning from a WC leave?

    If the employee is covered under the FMLA, he must be reinstated to the same or an equivalent position. The employee must be reinstated even if the employer did not notify the employee of coverage under the FMLA. If the employee does not return to work at the end of the 12-week FMLA leave, the employer may terminate the employee without violating the FMLA as long as the termination is consistent with the treatment of similarly-situated employees who have taken FMLA leave. However, the employee must have been properly placed on FMLA leave and notified that the time off for WC leave ran concurrently with the FMLA. In addition, a few state WC laws, such as Oregon, require reinstatement regardless of the length of the WC leave. As a further complication, the employee may be considered disabled under the Americans with Disabilities Act and, therefore, may be entitled to additional leave as an accommodation.
    Go here...http://www.ppspublishers.com/articles/fmla.htm, and read how ADA and WC are to be connected by the ER.

    For EEOC/ADA information go here..http://www.eeoc.gov/charge/overview_charge_filing.html

    For Oregon statute go here...http://landru.leg.state.or.us/ors/656.html

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