QUESTION

Can my employer fire me after I was hurt on the job and I am on workers comp?

Asked on Apr 26th, 2014 on Labor and Employment - Georgia
More details to this question:
I was injured on the job and I'm currently let go while I'm still on workers comp and not able to go back to work. The letter said they are letting me go because the nature of work they must hire someone else and when I'm released I can put an application in. Is this legal?
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8 ANSWERS

You need to retain an attorney to file a claim for worker's compensation benefits that cover temporary disability benefits , ongoing medical treatment and a settlement for permanent disability and future medical care.
Answered on May 05th, 2014 at 6:46 AM

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Admiralty / Maritime Attorney serving Monrovia, CA at The Law Office of Nathan Wagner
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This may be disability discrimination or a violation of the Americans with Disabilities Act. You should talk to a local lawyer who specializes in disability discrimination cases. The lawyer will need more information about your situation, including information about the nature of your job and the nature of your injury.
Answered on Apr 29th, 2014 at 8:04 PM

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If you believe that you were terminated because of your work related injury, you should contact the NC Department of Labor to file a REDA complaint.
Answered on Apr 29th, 2014 at 6:55 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Talk to your worker's comp attorney. If you don't have one, call the worker's comp board and ask them. If you are on permanent disability, it might be a reasonable decision.
Answered on Apr 29th, 2014 at 6:55 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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It would certainly like to have more information before rendering opinion, that said, it would appear that you should continue to be receiving Workmen's Compensation both in lost wages and medical benefits until such time as you are able to get back to work. On the other hand, you must be aware that your employer hires you to actually perform at service, and if you cannot, they must replace you.
Answered on Apr 29th, 2014 at 6:55 PM

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General Practice Attorney serving Bingham Farms, MI at The Niskar Law Firm PLLC
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The answer to your question depends upon whether the Family & Medical Leave Act ("FMLA") applies to the situation. For the FMLA to apply, the following conditions must be satisfied: [1] You had to work for the company for at least 12 months prior to the beginning of the leave; [2] the employer must have 50 or more employees at your worksite, or within a 75 mile radius of your worksite; [3] you must have given the employer adequate and timely notice of the need for leave under the FMLA (although one is not usually required to mention the FMLA by name, nor is one usually required to use the words "leave" or "leaves of absence"); [4] you must be able to return to work within 12 weeks of the beginning of the leave; [5] you had to have worked at least 1250 hours in the 12 months prior to the beginning of the leave (which usually averages about 25 hours per week); and [6] you must have timely submitted to the employer any completed forms that the employer asked you to have completed and submitted back to it. If all of these conditions are met, and the employer did not eliminate the job position for reasons unrelated to the taking leave, then there could have a claim under the FMLA. You should consult with an attorney who concentrates his/her practice on the handling of employment discrimination cases, and who has substantial experience with FMLA cases in particular. It has been my observation that not all employment discrimination lawyers have a good grasp of the FMLA and/or the Department of Labor regulations which apply to the FMLA.
Answered on Apr 29th, 2014 at 6:55 PM

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Litigation Attorney serving Monona, WI at Fox & Fox, S.C.
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Contact a worker's compensation attorney.
Answered on Apr 29th, 2014 at 6:55 PM

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Yes, in GA, you may be discharged for this. A workers compensation claim does not protect the job.
Answered on Apr 29th, 2014 at 8:45 AM

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