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  1. #1
    Join Date
    Mar 2011
    Posts
    2

    Default Terminated While on Workers Comp

    I received a certified letter from my employer stating that I was being terminated do to time limits under the union contract for FMLA. I was injured at work on 6/2/2010 and have a herniated disc in my neck and back I have not been released back to work by my doctor or the doctor that work comp sent me to see. Can they terminate me and will the stop my work comp bi-weekly benefits?

  2. #2
    Join Date
    Mar 2011
    Posts
    291

    Default Re: Terminated While on Workers Comp

    having a work injury or a comp claim doesn't give a worker immunity from termination.
    as long as you were working at the time of the injury you are eligible for benefits.
    workers comp is not health insurance; you don't have to be on the payroll during the period you are receiving benefits.

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

    Default Re: Terminated While on Workers Comp

    Can they terminate me and will the stop my work comp bi-weekly benefits?
    FMLA provides up to 12 weeks of job/benefits protection.
    Beyond that... it's in your CBA, or ER graces.

    No, your WC benefits do not stop. But, your GHP/Group Health Plan you had though your ER will be converted to COBRA ...IF you elect that option.

    This has nothing to do with whether or not you have been released by any Dr.
    Once you are released, you could be eligible for UI benefits, you can make that application now..but discuss your options with the UI people before you start the date of your claim.

  4. #4
    Join Date
    Mar 2011
    Posts
    2

    Default Re: Terminated While on Workers Comp

    Can I receive SSI and workers comp payments at the same time?

  5. #5
    Join Date
    Mar 2011
    Posts
    291

    Default Re: Terminated While on Workers Comp

    are you refering to federal social security or some other benefit plan?

  6. #6
    Join Date
    Jan 2010
    Location
    Pennsylvania
    Posts
    606

    Default Re: Terminated While on Workers Comp

    SSI is for low income, below poverty level people.... you may meet those financial eligibility requirements... I don't know...look here....

    http://www.ssa.gov/ssi/text-eligibility-ussi.htm

    If you are talking about SSDI...you also may qualify for that.... but it's a process... if you feel like your disability will last more than 12 months...apply for it... It doesn't hurt to try.

    http://www.ssa.gov/dibplan/dqualify.htm

    SS looks at disability differently than W/C. You must be totally disabled and unable to do any gainful work. 95% of first time applicants get denied. There are strict time limits on appeals and you WILL want to do that (but not before you see a competant SSA lawyer). If you feel like you WILL be out more than a year, than you should start this process early because it could take a long time (up to 2 years depending on where you live and how long the wait is in your nearest office).

    You can get both W/C and SSDI but you will most probably have an offset of your SSDI. You are only entitled to 80% of your average weekly wage. So the total of both W/C and SSDI will equal 80% (instead of just 66 1/3 when just on comp). Also, it helps to have your SSDI in place in case something should happen (like comp stopping checks.. etc) you will have some income at least.

  7. #7
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Terminated While on Workers Comp

    SSI may be for "low income" people...but, when you apply for SSDI, SSA automatically determines eligibility for SSI at the same time.
    You must be "disabled, blind, or age/65" to qualify for SSI. Social security Supplemental Ins benefits.

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