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  1. #1
    Join Date
    Jun 2010
    Posts
    2

    Default Termination While on WC

    I am looking for some one that might be able to help me out. I have read your links. But have a question of my own. I work as a career Firefighter for a very small FD in Idaho we have 4 Full Time Employees including the Fire Chief. I was injured on March 2,2010 while on duty and preforming a rescue in the mountians for an ATV crash victum. I fell off an embankment and injured my left arm and neck. I have lost about 60% of my strength in my left arm and grip strength. I have seen several specialist and my family doc.. I am still looking that I am off for another 6-8 weeks then I follow up with a specialist again and could be off even longer depending on what changes have happened. My employer wants to have a meeting with me soon because I am coming up on the 12 week time period to talk about my future employeement with the FD. There is nothing I can do other than be a front line firefighter/emt because we are such a small dept. and there is no other considerations they can make to keep me employed if I can't be a front line guy. I can't lift and or use my arm in a repetative movements and the other 2 firefighters and the chief have been working my shifts for me while I have been off on WC. The cheif advised me that they can't keep paying the OT to them others and keep my position open for ever or for an unknown time of release. So I am asking can he really replace my position in this 12 weeks. If so what avenues do I have or am I able to take in this issue. Thanks in advance for any information you can provide. I am not ready to give up my job I love.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,941

    Default Re: Termination While on WC

    Are you going to discuss the situation with an attorney...today ?
    Cuz, that is where you're going to find the 'legal advice' you are looking for.

    Your ER is not required to hold your job for you.
    As I said in the other post, unless you are eligible for unpaid leave under FMLA, there is no job protection in filing a WC claim.
    So I am asking can he really replace my position in this 12 weeks. If so what avenues do I have or am I able to take in this issue. Thanks in advance for any information you can provide. I am not ready to give up my job I love.
    Replace you?...Yes.

    Can an employer terminate me while I am receiving workers' compensation benefits? (top)
    Generally, yes. There is no worker's compensation law that prevents this. However, if you believe you have been wrongfully terminated, you may wish to seek legal counsel. Your workers' compensation benefits may or may not continue after termination, depending on the circumstances.
    "Avenues....", once you are finished with treatment/recovery and determined to be stable/MMI, you'll be rated for PPD/Permanent Partial Disability.
    How are impairment ratings paid? (top)
    If a physician has given you an impairment rating, it usually is paid monthly until paid in full, although in some cases it can be paid in a lump sum. The insurance company is required to notify you of the benefit amount, which is based on 55% of the average state weekly wage (ASW) for the year the injury occurred, and is expressed in the number of weeks of benefits. For example, a 5% impairment would qualify for 25 weeks worth of payments, each equal to 55% of the ASW. The weekly payments are converted to monthly amounts and paid monthly.
    Note that your TTD rate and the PPD rates are not the same. PPD is paid at a lesser amount.

    If you cannot return to your preinjury job/employer you may be eligible for additional benefits..IE. Voc Rehab.

    You can find answers to most of your questions here http://www.iic.idaho.gov/faqs/faqs_b..._benefits.html

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