QUESTION
I got hurt at my job and my employer is now threatening to fire me. What can I do?
Asked on Aug 01st, 2013 on Personal Injury - California
More details to this question:
I got hurt at work. My employer gave me a vehicle. I got hurt at home and my employer says I could keep my job. He is threatening to fire me now since I can’t work as I did before the incident. Medical bills are getting higher but the injury is not getting any better.
10 ANSWERS
James Eugene Hasser
Your exclusive remedy for an on-the-job injury against your Employer is for compensation benefits. Your employer cannot fire you solely for filing a compensation claim. If you need help, seek the advice of an experienced workers compensation lawyer.
Answered on Aug 07th, 2013 at 10:24 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You need to contact an experienced worker's compensation attorney to get the protection you need. You cannot be fired for getting hurt on the job.
Answered on Aug 07th, 2013 at 10:24 PM
Your employer can terminate your employment if you can't do the job. You can't be let go because you filed a workers' compensation claim but you can be let go for any reason that is not illegal.
Answered on Aug 07th, 2013 at 10:24 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Florida has a law against a retaliatory discharge as a result of making a workers compensation claim, but you would have to prove that you were fired for making the claim and not because you were no longer able to do the job.
Answered on Aug 07th, 2013 at 10:24 PM
Thomas Edward Gates
You give two different locations where you got hurt. If at home, no claim. You need to file a claim, you may be out of a job either way so at least your needs are going to be met.
Answered on Aug 07th, 2013 at 10:24 PM
Personal Injury Attorney serving Kansas City, MO
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Nash & Franciskato Law Firm
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It is against the law in Missouri to terminate an employee if the sole reason is the fact the employee filed a worker's compensation claim. You should contact an employment lawyer immediately.
Answered on Aug 07th, 2013 at 10:24 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Make up your mind./ you said you were hurt at work then you said you got hurt at home. Which is it?you can be fired if you are not able bodies but in NC you cant be fired because you make a claim.
Answered on Aug 07th, 2013 at 10:24 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Just to be clear, it appears you got hurt twice, once at work and once at home. You can and should file a workers compensation claim for the on-the-job injury, that will take care of medical bills and time out of work for that injury. He can't fire you for filing a compensation claim. If you can't do the work, he can let you go in order to get someone who can. If he does, you will be entitled to disability. If you have health coverage, that is supposed to cover the bills for the injury at home, and you can get a continuation of benefits (this is called COBRA) at your own expense to cover those continuing bills.
Answered on Aug 07th, 2013 at 10:24 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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So did you get hurt at work or at home? You said both. If you got hurt at work, did you file a worker's compensation claim? If you did, he probably cannot fire you. If you got hurt at home and you cannot perform the job functions, then you can be terminated.
Answered on Aug 07th, 2013 at 10:24 PM
If you got hurt at work then you need to file a claim for worker's compensation benefits including temporary disability benefits as wage replacement, ongoing medical treatment and a settlement for permanent disability?and future medical care.
Answered on Aug 07th, 2013 at 10:23 PM