FIRED AFTER SURGERY THRU WORKMANS COMP.

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Latest post 12-09-2010 1:32 AM by Truffles4me. 6 replies.
  • 12-08-2010 6:31 PM

    • SADMEE
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    FIRED AFTER SURGERY THRU WORKMANS COMP.

    I'VE BEEN WORKING FOR THIS COMPANY 10 YEARS FOLLOWED SAME PROCEDURE IF I WAS,SICK ,LATE OR HAD TO TAKE KIDS TO DOCTOR.AFTER I FILED FOR WORKMANS COMP HAD SURGERY AND CONTINUING THERAPY. I TEXT MY MANGER ON SUNDAY I HAD TO LEAVE OUT OF TOWN BECAUSE OF ILLNESS IN THE FAMILY.JUST LIKE I'VE DONE BEFORE THE MONDAY FOLLOWING I WAS TOLD THAT CORPORATE OFFICE WAS HAVING ISSUES WITH MY ATTENDANCE.I ASKED WHAT ATTENDANCE IF ALL YEAR I'VE ONLY MISSED FOR WORKMANS COMP INJURY AND SURGERY ONLY! I CAME BACK FROM OUT OF TOWN AND WAS FIRED OVER THE PHONE I HAD TO GO TO THE JOB AND HAVE A CONFRENCE WITH THE PRESIDENT OF THE COMPANY TO TELL ME I WAS FIRED. IN 10 YEARS I'VE NEVER BEEN WRITTEN UP OR HAD ANY ISSUES WITH MY ATTENDANCE OR NEVER TOLD THAT IT WAS A PROBLEM WHY NOW TO THIS DAY I THOUGHT I WOULD HAVE RECEIVED A LETTER FROM THE COMPANY STATING THE REASON FOR TERMINATION BUT I HAVEN'T.NOW I'M WITHOUT A JOB AND CAN'T WORK DUE TO WORK INJURY AND WORKMANS COMP.ISN'T PAYING ME EITHER NEVER RECEIVED  AND CHECKS FROM THEM.

  • 12-08-2010 7:00 PM In reply to

    Re: FIRED AFTER SURGERY THRU WORKMANS COMP.

    How long were you out for the injury and surgery?  FMLA only protects your job for 12 weeks.  If you exceeded that (even if it was a WC injury) they do not have to hold your job for you.

    " I HAD TO LEAVE OUT OF TOWN BECAUSE OF ILLNESS IN THE FAMILY"

    The employer isn't required to allow you time off for a family illness.  

    " I WAS TOLD THAT CORPORATE OFFICE WAS HAVING ISSUES WITH MY ATTENDANCE"

    One unapproved absence is enough.  There do not have to be multiple incidents.

    " I THOUGHT I WOULD HAVE RECEIVED A LETTER FROM THE COMPANY STATING THE REASON FOR TERMINATION BUT I HAVEN'T"

    Nothing in employment law requires they give you anything in writing with a reason for termination.

    "CAN'T WORK DUE TO WORK INJURY"

    Then that renders you ineligible for unemployment benefits.  You must be available, able, and looking for work to qualify.

    "WORKMANS COMP.ISN'T PAYING ME EITHER"

    Once you were terminated any wages WC owed would stop.  If you haven't received benefits you are owed for past time off it may be time to consult a lawyer regarding the WC claim.

    In future posts do not post in all caps it is too hard to read and considered to be shouting and rude.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 12-08-2010 7:29 PM In reply to

    • Kivi
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    Re: FIRED AFTER SURGERY THRU WORKMANS COMP.

    Clyde'sMom,

    Workers' comp does not necessarily end just because of a termination from employment.

    To the original poster:

    Please do not post in ALL CAPS. It's very hard to read. and will discourage response.

    If you have not received WC benefits for the period of your absence from work, you need to find out why. If your company has an insurance company that handles its claims, then call the adjuster or claims examiner.

    If your company is permissibly self-insured, the company usually hires some third party adminstrator to process claims. Again, you need to contact that entity as to why you have not received benefits.

    If neither of the above works for you, each state has its own Workers' Compensation board or commission. Call it for advice on your situation. Depending upon the seriousness of your injury, you may want to consult a WC attorney.

    Even though the company is obligated to hold your job open for longer than 12 weeks under FMLA, getting fired so soon after filing a comp claim may not "sit well" with the state agency or board that handles disputed WC claims in your state.

  • 12-08-2010 7:48 PM In reply to

    • SADMEE
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    Re: FIRED AFTER SURGERY THRU WORKMANS COMP.

    Sorry, i'm new to this but to answer the question I was only out for two weeks,I asked about the fmla  and human resource said that didn't apply to our branch because we only had 3 employees and that they are over 100 miles away.

  • 12-08-2010 7:59 PM In reply to

    • SADMEE
      Consumer
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    • Joined on 12-08-2010
    • TX
    • Posts 3

    Re: FIRED AFTER SURGERY THRU WORKMANS COMP.

    Thank you for the information I am new to all this and pretty confused. The designated doctor rated me a 0 at mmi and the surgeon said that it was medical necessary that i need surgery from the mri taken. Im looking for an attorney for workmans compensation because, I was being told that I would probably get fired if i filed for workmans compensation.and that's exactly what happened

  • 12-08-2010 8:32 PM In reply to

    • cbg
      Consumer
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    • Joined on 12-21-2000
    • MA
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    Re: FIRED AFTER SURGERY THRU WORKMANS COMP.

    Your employer is right, btw. FMLA does not apply unless there are a minimum of 50 employees within 75 miles of your location.

    While you cannot be fired BECAUSE you filed a workers comp claim, you are not guaranteed lifetime employment because of a workers comp claim either.

    Time off for illness in the family is not protected by law outside of FMLA (and not always there), and as we've already established, FMLA does not apply.

    Definitely talk to a lawyer; the timing doesn't sit well with me either. But at the same time, playing devil's advocate, I can see a potential justification for the employer.

  • 12-09-2010 1:32 AM In reply to

    Re: FIRED AFTER SURGERY THRU WORKMANS COMP.

    If I were you I would DEFINITELY consult with a worker's comp. lawyer.

    And if you are disabled, apply for disability A.S.A.P.  Don't waste any time on either issue.

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