QUESTION
What happens if I had a work injury and was later laid off from work?
Asked on Jun 19th, 2013 on Personal Injury - California
More details to this question:
On my previous job I hurt my lower back. I went to rehabilitation center. But never the same. I was then laid me off, "was not working out". I love to work out and do sports but sometimes my back the same area I hurt acts up. This happened about 8 months ago.
9 ANSWERS
Ronald A. Steinberg
Get a workers compensation lawyer first, and then a lawyer who handles wrongful discharge cases.
Answered on Jul 08th, 2013 at 4:24 PM
Workers Compensation Attorney serving Atlanta, GA
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The Law Offices of Laura M. Lanzisera
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You can still file a workers' compensation provided certain requirements are met. You should contact a lawyers ASAP.
Answered on Jun 25th, 2013 at 8:39 PM
If you experience wage loss because of a work injury your employer is liable for payment of wage loss benefits under the Pennsylvania Workers Compensation Act. At the same time, Pennsylvania is a right-to-work state, meaning that an employer can terminate you for nearly any reason or no reason. Your ability to receive wage loss benefits will be determined, first, whether your work injury has caused you a loss of earnings; and, second, the basis on which your employer terminated your employment.
Answered on Jun 21st, 2013 at 12:07 AM
James Eugene Hasser
The fact you've been laid off does not cut off your right to comp. However, unless your work injury made you disabled permanently, you would only have a right to continued medical benefits.
Answered on Jun 20th, 2013 at 6:26 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You raise several issues. Number one, you have a workers comp claim for your injuries that you should pursue. Second, if you were able to do the job, and they terminated you because of your medical impairment, you may have a viable lawsuit for violation of the Americans with Disabilities Act (ADA). If you are not able to do the job because of your medical impairment, and you cannot do any job because of the impairment, then you might consider filing for Social security Disability, and Long Term Disability if you had disability insurance through your job.
Answered on Jun 20th, 2013 at 10:01 AM
General Practice Attorney serving Portland, OR
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Furniss, Shearer & Leineweber
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Your work company claim was apparently closed. If so, there is not much you can do unless your condition has worsened. If it is still open and your doctor says you can't work then possibly you can get TPD benefits.
Answered on Jun 19th, 2013 at 7:22 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You had a proper worker company case and it looks like you did not follow up. Make sure the claim was opened with the carrier. Make sure you have a doctor on board and that he understand your situation. If the doctor did not or does not think you have a substantial injury you are out of luck. Doesn't make an difference whether you continue to be employed at the same place.
Answered on Jun 19th, 2013 at 7:22 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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If you have a permanent injury, you may be able to get a "schedule award" which is based on a formula depending on the extent of your disability and your rate of pay, offset by payments you have already received. But you should get some advice as to whether the schedule award is your best option. Depending on your situation, you may be better off getting disability payments and having your medical expenses taken care of.
Answered on Jun 19th, 2013 at 7:21 PM
You still have time to do something about your injury. Even though you are no longer working there, you are still entitled to ongoing medical care, a settlement for permanent impairment and future medical treatment.
Answered on Jun 19th, 2013 at 7:19 PM