QUESTION
Is it right for me to get terminated if I am not able to work as I should after an injury at work?
Asked on Dec 12th, 2013 on Personal Injury - New York
More details to this question:
Have 2 bulging disc and been on light duty since October the 28th. Now, my job says that if I cant do reg duty by January 28, 2014, my job may be terminated. I'm not getting which checks yet.
8 ANSWERS
You need 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 Dec 16th, 2013 at 7:43 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Talk with a local worker's comp attorney about what rights you have.
Answered on Dec 16th, 2013 at 7:43 PM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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If you cannot return to your former position due to your injuries, your employer isn't required to hold your job open indefinitely. However, if you're able to perform some type of lighter or modified duty work, your employer must either offer you such a position or, if they have no position available, provide you with vocational rehabilitation to attempt to locate jobs within your capabilities in your area. If you are off of work and haven't started receiving worker's compensation yet, you certainly need to consult with an attorney right away to discuss filing a complaint (form 1008) against your employer.
Answered on Dec 16th, 2013 at 7:43 PM
Ronald A. Steinberg
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Answered on Dec 16th, 2013 at 7:42 PM
You can be terminated if you refuse to do a job you should be able to perform. A bulging disc is not a ruptured disc. Not even close. You need to show up to work to do the work according to your doctor's restrictions. No excuses.
Answered on Dec 16th, 2013 at 7:42 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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This is an area where you really need to consult an attorney who specializes in on-the-job injuries. In Washington state the department of Labor and Industries does everything possible to get you rehabilitated, pay for your medical expenses, pay for your time loss, and pay for any permanent disability, and to preserve your job with the employer in the process. As for attorneys fees and costs, the state code controls what any attorney can charge you at the conclusion of the case. If you have not turned your claim into L & I, you need to do so immediately.
Answered on Dec 16th, 2013 at 7:42 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Sara an attorney, you have a potential worker's comp case. It is possible that you can lose your previous job if you can no longer perform it.
Answered on Dec 16th, 2013 at 7:42 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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If you can't do the work, they have the right to dismiss you and hire someone who can do it. But, you are still entitled to you worker's comp coverage.
Answered on Dec 16th, 2013 at 7:41 PM