hurt on the job and then laid off a month later

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Latest post 02-23-2010 9:00 AM by PattyPA. 5 replies.
  • 02-23-2010 7:18 AM

    • pattie327
      Consumer
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    • Joined on 02-23-2010
    • NJ
    • Posts 3

    hurt on the job and then laid off a month later

    I fell at work and injured myself.  Unfortunately I could not go on disability because I need my job.  So I fell in January and the next day I was off due to having our hours cut a year ago and was so stiff I went to a walk-in clinic.  Took x-rays and said to follow up with an orthopedist.  Still continuing to work but about 3 days later I woke up and was so stiff and in pain I could not go to work.  Next day boss comes up and says if I'm going to continue to take time off (without pay no less) that I need to tell him so he can schedule the work.  I told him I don't plan on taking time off as I need my job and I don't get paid to take off so I have to come to suck it up and just come to work.  A month later I get laid off with 10 days to the end of the month so my health insurance runs out in only 10 days no less.  I guess I have no legal recourse for this but how can he have so much work that he needs to schedule and then a month later I'm laid off due to supposed lack of work?

  • 02-23-2010 7:55 AM In reply to

    • pattie327
      Consumer
    • Not Ranked
    • Joined on 02-23-2010
    • NJ
    • Posts 3

    Re: hurt on the job and then laid off a month later

    I did file a workmans comp claim.  At the time I got laid off 19 but 2 other were let go same day as me.  I worked there 6 years (would have been 7 in April)  I worked 32 hours per week for the last year and 40 hours per week up until that time.

  • 02-23-2010 8:39 AM In reply to

    Re: hurt on the job and then laid off a month later

    Sorry, the employer does not have enough employees to be subject to either the FMLA (federal) or the state equivalent.  Therefore, your job was not protected.  And even if they were subject and you WERE on FMLA leave, being on such leave does not protect you against employment actions that would have occurred anyway.

  • 02-23-2010 8:57 AM In reply to

    • pattie327
      Consumer
    • Not Ranked
    • Joined on 02-23-2010
    • NJ
    • Posts 3

    Re: hurt on the job and then laid off a month later

    I was not on any kind of leave - I was actively employed.

  • 02-23-2010 9:00 AM In reply to

    Re: hurt on the job and then laid off a month later

    You would have to show that you were "laid off" solely because you file a WC claim.  It wouldn't hurt to run this past an employment law attorney.

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