QUESTION
What can I do if I was fired because of injuries?
Asked on Aug 23rd, 2012 on Personal Injury - Florida
More details to this question:
My right shoulder hurts and could not lift my hand when I got to work one day. I went to a doctor and he told me that we needed to do an MRI. We did an MRI and found out that there is something wrong on my ligament. I went to have a physical therapy. I went back to work and one week later, the other shoulder hurts as well. I have two shoulders that hurt badly. My boss called me and told me that I was fired because of injuries.
18 ANSWERS
That's a BIG TIME "Workers' Comp." VIOLATION.
Answered on Aug 29th, 2012 at 11:47 PM
Ronald A. Steinberg
If you were injured on the job, you have a workers compensation case. If you were fired due to the injuries, you MAY have a claim for wrongful discharge or employment discrimination. You need a lawyer who specializes in that stuff.
Answered on Aug 29th, 2012 at 2:22 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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Unless the injury occurred at work your employer can file you at any time for any reason or for no reason at all, but you can quit anytime also.
Answered on Aug 28th, 2012 at 10:40 AM
If you were injured on the job you may have a workers compensation claim. If you were fired for asserting such a claim you may have an additional claim.
Answered on Aug 27th, 2012 at 8:05 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Contact me immediately. You need an experienced workers' compensation and civil attorney.
Answered on Aug 27th, 2012 at 3:59 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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You don't say whether you were hurt on the job, but if not and if you have no contract of employment or issued employee manual that says otherwise, your boss can fire you for any reason or no reason just as you can quit for any reason or no reason. It doesn't even have to be for something that affects your job performance, though your injury pretty clearly does.
Answered on Aug 27th, 2012 at 3:58 PM
Personal Injury Attorney serving Beverly Hills, CA
Partner at
Engelman Law, APC
If you were injured as a result of your job (repetitive movements, lifting, etc.), your injuries would fall under Workers' Compensation. If that is the case, you should speak with an attorney to ensure that you are being afforded all of your rights under Workers' Compensation. If your injury is wholly unrelated to your job, your job would still be protected if you had to miss work due to the injury and you sought time off under the Family Medical Leave Act. If the basis for your termination was strictly your injury, you should speak with an attorney specializing in employment law to ensure that your interests are protected.
Answered on Aug 27th, 2012 at 3:12 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Louisiana is an employment at-will state. Therefore, employees may be fired for pretty much any reason whatsoever, as long as not for discrimination of certain types. Also, there are some limitations if on terminating employees if the employee was actually injured on the job. If you were injured on the job, then there will be certain things that you are required to do.
Answered on Aug 27th, 2012 at 2:45 PM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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If the injuries are as a result of on the job activities you need to make a Workers Compensation claim immediately.
Answered on Aug 27th, 2012 at 12:13 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Call the Montana Dept of Labor in Helena and file a claim ASAP. If you receive a denial letter from the work comp insurance company, call us to review the case. In the meantime, see a doctor to begin treatment. If you shouldn't be working, ask the doctor to make a note so that later on the insurance company won't have another reason to not pay.
Answered on Aug 27th, 2012 at 12:13 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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Unless you were hurt on the job or you have an employment contract that covers termination, there is nothing that you can do.
Answered on Aug 27th, 2012 at 12:12 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Unless you are working under a contract, an employer can fire you for any reason or no reason. But, since you were fired without cause, you are entitled to unemployment insurance. If you are disabled, you may be entitled to disability pay. If the condition came about because of your work, you will be entitled to worker's compensation. Those last two items will require verification from a doctor. But: any time you are applying for any of those benefits, make sure to report that you may be or are applying for other benefits as well. Double- or triple- dipping is not allowed.
Answered on Aug 27th, 2012 at 12:12 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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Nothing. Unless you were hurt on the job, which would get you workers compensation, your employer can fire an at-will employee if they cannot do the job because they are injured. He/she is trying to run a business and you can't do that with employees who can't work.
Answered on Aug 27th, 2012 at 12:12 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You have not said that any problem you have is caused by an accident in the course and scope of your employment, so I assume you have physical problems not job connected. Your boss perhaps has need for an able bodied male employee and he does not consider you able bodied. He has no obligation to retain you in his employ. I also assume you have no written contract of employment as most do not. NC is a right to work jurisdiction and a boss may terminate you at any time for reason or for no reason. You can quit at any time for reason or no reason.
Answered on Aug 27th, 2012 at 12:12 PM
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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From your description, it appears you have a workers' compensation claim against your former employer for at least your right shoulder problems. It is not as clear about your left shoulder as you do not describe what may have happened to it. Your former employer or its workers' compensation insurer is liable for all medical expenses related to your work-injury. In addition, you may be entitled to Temporary Total Disability Benefits, which is money for not being able to work, because you were fired. Moreover, depending on what occurs and whether you fully recover from your injuries, you may be entitled to additional workers' compensation benefits. At least as to your workers' compensation claim you may to consult with an attorney. Most workers' compensation attorneys offer a free consultation so it will not cost you anything to learn more about your rights and options.
Answered on Aug 27th, 2012 at 12:11 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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If it is a job related injury, you need to file a worker's comp claim. Firing someone for a workers comp claim is a retaliatory termination and illegal.
Answered on Aug 27th, 2012 at 12:06 PM
Employment & Labor Attorney serving Weston, FL
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Behren Law Firm
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If it was an on the job injury you might have a workers compensation claim and if fired because of a workers compensation injury, you might have a claim for wrongful discharge.
Answered on Aug 27th, 2012 at 12:06 PM
It is illegal to fire an employee for filing a workers' compensation claim. Get the boss to admit he did it for that reason and you have a case. Otherwise file a workers' compensation claim, collect and pursue your rights under Chapter 85.
Answered on Aug 27th, 2012 at 12:06 PM