QUESTION

What are my rights if I was laid off during an open workman comp case?

Asked on Oct 23rd, 2012 on Labor and Employment - Oregon
More details to this question:
Company downsized.
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7 ANSWERS

Workers Compensation Attorney serving Santa Ana, CA at Dennis K. Thomas
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This "termination" was probably legal if the "downsizing" was legitimate. Were other employees also laid-off?
Answered on Oct 24th, 2012 at 5:32 PM

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Employment & Labor Attorney serving Weston, FL at Behren Law Firm
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If you can show your which case was a factor in your being selected for the RIF, then you could have a case for wrongful discharge in violation of Florida Statutes.
Answered on Oct 24th, 2012 at 5:32 PM

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You still qualify for the workers' compensation benefits. If you are not represented by an attorney in the Workers' Compensation case, you should now retain an attorney. Their fees are usually paid by the employer.
Answered on Oct 24th, 2012 at 5:31 PM

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Kevin Elliott Parks
Depending on the circumstances, you may have a viable claim for retaliation and/or wrongful termination. You should consult with a plaintiff's employment lawyer in your area to review the facts of your case and determine the best possible course of action in resolution of your situation.
Answered on Oct 24th, 2012 at 5:31 PM

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Workers Compensation Attorney serving San Bernardino, CA at Nancy Wallace, Attorney at Law
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There's a Urban Legend that you can't be laid off if you sustained an industrial injury, and you prove it's only a silly legend. The only impact: your Permanent Disability will be increased by 15% for the employer's failure to re-employ you when you're done recovering. And be careful on your Unemployment Insurance application: one question is 'are you disabled' and they asking are you 100% disabled, and if you answer 'yes' you won't get an Unemployment Insurance. People think if they end up with 10% or 20% permanent disability, they mark they are disabled on applications don't do it. Everybody over age 22 has some disability and everybody works with whatever their disability is.
Answered on Oct 24th, 2012 at 5:31 PM

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Steven Lee Miller
You generally cannot be let go during a workers comp claim for upwards of 1 year I believe.
Answered on Oct 24th, 2012 at 5:29 PM

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Administrative Law Attorney serving Sherwood, OR
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You should consult your workers compensation attorney for the best answer to this question. Employers are forbidden from retaliating against employees who file workers compensation claims, and changes to the employee's status are almost always suspect; however, if you were laid off with a class of employees the company may be justified in the layoff. If you are the only person that is laid off, that would be very suspicious.
Answered on Oct 24th, 2012 at 5:28 PM

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